Keywords
digitalisation, on-line platform, market definition, gatekeeper, competition enforcement
Abstract
Competition law, economics and policy are facing a regulatory metamorphosis due to the rise of the digital economy. US, China and EU jurisdictions have announced and partially introduced systemic changes to their competition law frameworks to keep pace with technological developments. The Antimonopoly Committee of Ukraine is following the principle of ‘three monkeys’, it sees no on-line platforms, hears no on-line platforms, speaks of no on-line platforms, so nothing has been undertaken or even announced. The paper is twofold. Firstly, it analyses the economic background and features of the digital economy and shows why the available instruments of competition enforcement are ineffective. The second part of the paper shows why the current Ukrainian competition law framework is (in)capable of dealing with challenges posed by on-line giants. Regarding the need for a recalibration of regulatory approaches in digital markets, Ukraine faces the dilemma of a proper combination of ex ante and ex post measures.
Recommended Citation
Gerasymenko, A., & Mazaraki, N. (2022). Competition law enforcement in Ukraine: challenges from on-line giants. Yearbook of Antitrust and Regulatory Studies, 15(26), 57-74. https://doi.org/10.7172/1689-9024.YARS.2022.15.26.3
First Page
57
Last Page
74
Page Count
17
Received Date
24.05.2022
Accepted Date
22.08.2022
DOI
10.7172/1689-9024.YARS.2022.15.26.3
Publisher
University of Warsaw
Publication Date
2022-12-19
