DIGITIZATION IN THE PERSPECTIVE OF ENSURING THE TRANSPARENCY OF RELATIONS IN THE FIELD OF COMPETITION: THE LEGAL ASPECT
DOI:
https://doi.org/10.33216/2218-5461-2021-42-2-20-30Abstract
The article is devoted to the problems of legal protection of economic competition in the conditions of digitalization, in particular, ensuring transparency in the markets of digital economy. Based on the anal-ysis of a number of EU and OECD documents, works of foreign and Ukrainian researchers of these rela-tions, the provisions of current Ukrainian legislation and the actual state of modern commodity markets, their features are revealed, including the operation of powerful digital platforms that monopolize markets and significantly change competition; the presence of virtual enterprises that do not fall under the definition of an economic entity in accordance with the Law of Ukraine «On Protection of Economic Competition», the so-called network effect and supply chain, signifi-cant lag of antitrust regulation from the actual state of digital economy markets; slow reaction of states to the dominance of powerful digital platforms, etc.
Defects of normative-legal regulation in the Ukrainian antimonopoly-competition legislation are revealed: existence of gaps (absence of definition of a number of new concepts: «virtual enterprise», «digital platform», «network effect», «supply chain»), obsoles-cence of definition of «concept management»; lack of legal mechanisms to prevent monopolization of com-modity markets by digital platforms, lack of transpar-ency of digital economy markets, which negatively af-fects the ability of consumers, small and medium-sized businesses to realize and protect their legitimate in-terests. From these positions the provisions of the Law of Ukraine «On Electronic Communications» are an-alyzed. Gaps in the antimonopoly and competition leg-islation of Ukraine on these issues are identified and ways to address them are proposed.
Key words: economic competition; digital economy; digital capabilities; digital platforms; anti-trust and competition regulation; improving legal regulation.
