FORMATION OF APPROACHES AND CRITERIA OF MISLEADING INFORMATION

Abstract

The article deals with the concept of competition in a market economy, where economic entities compete for advantages, and consumers have the choice among different sellers and buyers. It is noted that competition stimulates innovation and improvements in goods and services while also provides protection against unfair competition. The article discusses specific aspects of the development of legal regulation on competition, protection against unfair competition, and the nature of the formation of one of its aspects - the dissemination of misleading information. The article describes the origin of the competition concept and highlights its role in the global economy, as well as the regulation and protection against unfair competition through international conventions. The article emphasizes the obligation of countries to ensure effective protection against unfair competition and the prohibition of unfair practices in competition that can discredit competitors. It provides a historical overview of the development of legal regulation in the field of protection against unfair competition in the United States and the European Union, comparing it with the development in Ukraine. Key events, such as the establishment of the Federal Trade Commission in the United States and the creation of the European Community, are highlighted, along with legal acts regulating unfair competition in the EU. The article also draws attention to important legislative changes in Ukraine, such as the adoption of the Law on Protection against Unfair Competition and subsequent amendments following the signing of the Association Agreement with the EU. The article underscores the importance of protecting against unfair competition in contemporary conditions and the harmonization of Ukraine’s legislation with EU law. It also contains an analysis of the annual reports of the Antimonopoly Committee of Ukraine and the detection of unfair competition facts. Additionally, the article introduces a scholarly approach by pointing out the connection between unfair competition and the abuse of civil rights. The author concludes that the legal ambiguity in approaches and criteria for assessing deceptive information can lead to the abuse of rights by economic entities and violations of competition. Therefore, there is a need for legislative amendments in the field of competition protection to provide clarity and comprehensibility for economic entities and minimize competition violations in the Ukrainian market.