THE ISSUE OF LIABILITY FOR DISTORTION OF COMPETITION IN EUROPEAN UNION LAW

Abstract

This article is dedicated to the issue of liability for the distortion of competition within the legal framework of the European Union. The article remains underexplored among Ukrainian legal scholars, thereby necessitating a more comprehensive academic inquiry. The matter of liability for competition distortion is particularly relevant in the context of Ukraine’s European integration processes and the pressing need to harmonize Ukrainian competition law with EU legal standards. The article analyses the jurisdictional aspects and powers of the European Commission and national competition authorities of EU Member States, with particular attention to the delimitation of their competences. Special emphasis is placed on procedural aspects of the application of EU law concerning the investigation of competition distortions and the imposition of liability on infringers.In order to enhance understanding of the EU competition protection framework, the author distinguishes between the concept of “unfair competition,” characteristic of legal systems outside the EU framework, and the notion of “distortion of competition,” which serves as a broad term encompassing all forms of competition law infringements within the EU legal order.The paper also examines the fundamental principles governing the operation of the European Commission and national authorities responsible for the enforcement of competition law. The research is grounded in recent case law of the Court of Justice of the European Union, theoretical and practical contributions from both Ukrainian and foreign legal scholars, as well as relevant EU legal instruments regulating the protection against competition distortion. The research methodology employed includes comparative legal analysis, formal legal method, synthesis, and analytical techniques.