Korchak, N.N. Distinguishing the objects of economic and competition law

Abstract: The distinction between the objects of legal regulation of economic and competitive law has to do with the contents of the terms “economic activity” and “economic competition”. The economic activity is a necessary prerequisite for competition. At the same time competitive (adversarial) process may be a necessary condition for the final economic result. Comparative analysis of the relevant norms of the Economic Code of Ukraine and the norms of the Ukrainian legislation on economic competition provides the grounds for distinguishing the terms “economic activity” and “economic competition” based on their sphere of application, form and goals of implementation. Unlike the economic law, the term “economic subject” in competition law covers both entrepreneurs and legal entities, as well as state and municipal bodies in the sphere of implementation of their economic activities, as well as the group of economic subjects based on the element of control relations among them.

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