Non-profit organization as a subject prohibition of unfair competition: enforcement issues

Abstract

Importance: non-profit organization in the system of unfair competition, issues of law enforcement. Purpose: analysis of non-profit organizations as a subject of the ban on unfair competition by studying the law enforcement practices of various government bodies. Research design: issues of applying the requirements of antimonopoly legislation to non-profit organizations are related both to the specified regulatory restriction and to the specifics and scale of the permitted business of most of them: the emergence of a dominant position in any product market or involvement in anti-competitive agreements is unlikely due to the obviously insignificant market share of such players. Results: the effectiveness of the institution of unfair competition in relation to market practices, which are implemented in formal compliance with the law, but in essence represent a departure from the limits of the exercise of subjective law, has been revealed. The provisions of the Law «On Protection of Competition», taking into account the developed law enforcement practice, make it possible to prove the real will of business entities and the economic orientation of the actions of a non-profit organization, identify the «ultimate beneficiary» of unjustified advantages and restore the balance of interests in the market.