State failures in antitrust regulation

The article reveals the foundations of the concept of state antimonopoly regulation, it defines the state's failure in regulation. Based on the results of analysis of amendments introduced in the Law on Protection of Competition, failures in state antimonopoly regulation were investigated. Using the scenario approach in the analysis of the competitive environment, in cases of prohibited concerted actions, it was proved it is necessary to determine the threshold values of the Herfindahl-Hirschman concentration index, and do not take a share because their minimum size which was defined in the Law on Protection of Competition does not speak of potential opportunities of economic entities to restrict competition in the commodity market. Using the statistical method, it is proved that the introduced criterion, requiring determination of the size of the revenues of economic entities when establishing a dominant position, has lowered the quality of antimonopoly regulation, as many organizations previously subject to antimonopoly control are excluded from regional commodity markets. Conclusions about the failures in antimonopoly regulation and the shift in the balance of interests between the state, business entities and consumers are also confirmed in the article by the analysis of the dynamics of the number of initiated cases on violation of the antimonopoly legislation. According to the results of the research, it is determined on which side the balance of interests lies today in the model of antimonopoly regulation, the directions of further improvement of antimo-nopoly regulation are revealed, and the characteristic of its modern phase is given.