Current Trends In The Economic Control Of Concentration Of Business Entities

Authors

  • Olha Bakalinska

Keywords:

control, economic concentration, indicators of market power

Abstract

State control over economic concentration is one of the important directions of state regulation of economic competition and leading direction of development of competition law. The purpose of this control is to prevent formation in the market dominant entities and abuse they received as a result of economic concentration of significant market power.
The research is devoted to defining new perspective ways to improve the economic, legal and organizational measures of influence for the participants of economic concentration and evaluation of their activities by the competition authorities of Ukraine.
The study is based on evaluation of the effectiveness of economic concentration thresholds, that apply when solving the problem whether or not granting permission for mergers or acquisitions.
Actuality of the problem concerning the control of economic concentration provides scientific basis aggregate of economic and legal measures aimed at identifying signs of monopolization of goods markets; the research the existence of the negative effects of economic concentration; comparing positive and negative effects of the economic concentration; providing a scientific opinion on whether about expediency of committing specific economic concentration.
On the basis of the analysis the author outlined proposals on improvement valid competition law on determining the limit values of total assets or the total volume of goods and procedures for consideration of applications and cases on granting permission for concentration.
Implementation of research results will increase the efficiency qualifications the certain forms of economic concentration, adapt national competition authorities to practice of progressive international experience in this field.

References

1. Bakalinska O. (Eds.) (2013). Development of national indicators to measure the economic concentration. Report of integrated R & D Center for Research on Antimonopoly Policy of Ukraine AMC. Kyiv. Center for Research on Antimonopoly Policy of Ukraine [in Ukrainian].
2. Deal drivers EMEA: the comprehensive review of mergers and acquisitions in the EMEA region (2013). / Mergermarket.– 2013 – p. 56. – Retrieved from http://mergermarketgroup.com/wp-content/uploads/2013/02/MX9187-Deal-Drivers-EMEA-LORES.pdf
3. Guide of regarding the merger of the International Competition Network (2006): prepared for the fifth annual conference of the International Network of competition in Capetown, 2006. - 92 p. - Kyiv. AMC. [in Ukrainian].
4. Skordamalya V., Saniahmetova NA, Melnik S.B. (2004). EU competition law. Tutorial. - Kyiv; IIR Kyiv National Taras Shevchenko University, 2004. - 240 p. [in Ukrainian].
5. Zakon Ukrainy The Protection of Economic Competition. Act of 11.01.2001 № 2210-III. – Retrieved from http://zakon5.rada.gov.ua/laws/show/2210-14.
6. The control of concentrations between undertakings (the EC Merger Regulation): Council Regulation (EC) № 139/2004 of 20 January 2004 on. – OJ № L 24.
7. Shmuklerman B. (2004). Implementation of concentration of undertakings with prior permission // Business, Economy and Law. – 2004. - № 11. - S. 121 - 124. [in Ukrainian].

Published

2019-06-21

Issue

Section

Articles