Problems of determining the limits of permissible freedom of competition in the legislation of the Republic of Kazakhstan and foreign countries

2023

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DOI 10.46914/2959-4197-2023-1-1-53-60
Data confidence 70 medium
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Abstract

The concept of rivalry is known to all peoples and is characteristic of almost all spheres of society. Issues of rivalry are especially characteristic of entrepreneurship. However, modern legal doctrine and legislation are familiar with this phenomenon as “freedom of competition”. The conquest of the market is a matter of existence and prosperity for the contending parties. This implies a variety of methods of competition, including, unfortunately, unfair ones. Of course, the legislator cannot remain indifferent to the serious threat of unfair competition. But how to determine the boundary separating what is permitted from what is not; where is the general criterion for recognizing acceptable methods of competition and prohibited? These are the questions that the theoretical thought of lawyers and the practice of antimonopoly and judicial authorities are currently looking for answers to. Indeed, where is the desired limit of permissible freedom of competition? We will look for answers to these questions in the domestic legislation and the legislations of foreign countries in the historical context of the development of antimonopoly legal regulation. And in order to conduct a full-fledged comparative legal analysis, we will apply both general scientific and private scientific methods of scientific cognition everywhere. Taking into account the topic and subject of scientific research, the comparative legal method of research will be applied everywhere. The conclusions obtained can be useful in law enforcement practice, in determining the limits of permissible competition, which is sometimes complicated by a broad interpretation of some norms of the national legislation of the Republic of Kazakhstan, which leads to a violation of antimonopoly legislation, including.