Ошибки I и II рода в регулировании вертикальных ограничивающих соглашений
The paper studies the specific features of trade-off between type I and type II errors in vertical restraints regulation. It pays attention to possible deviations from trade-off logic due to separate consideration of enforcement errors and some imperfections of Russian legal rules. The game theoretic model which is discussed in the second part of the article can be useful for formal analysis of externalities created by the enforcement errors.
The development of Internet retailing implies the presence of competing interests among the participants of the supply chain and requires regulation of vertical restraints. As government regulation of the vertical restraints due to their possible anticompetitive effects, then the change in the nature of competition requires a review of applicable regulations, which were adopted on June 1, 2010 in the EU. The new rules of regulation on the vertical restraints will remain in place until 2022.
The paper investigates the interaction between the economic theory and the antitrust law. It argues that the widespread belief that theoretical analysis played a crucial role in the regulation norms evolution sometimes is not “history friendly”. The paper focuses on the regulation of vertical restraints. It contains a comparative time analysis of the key US antitrust cases concerning the vertical restraints and the new economic theories through the lens of incentives for so called “cooperative” specific investments. It shows that intention to maintain these incentives was the important factor caused the courts’ decisions, which in turn inspired the subsequent developments of economic theory. Considering the vertical restrictions as an instrument of risk sharing when the partners’ specific investments are highly asymmetric opens the new possibilities for further improvement of the regulatory framework governing the vertical agreements.
Smoking is a problem, bringing signifi cant social and economic costs to Russiansociety. However, ratifi cation of the World health organization Framework conventionon tobacco control makes it possible to improve Russian legislation accordingto the international standards. So, I describe some measures that should be taken bythe Russian authorities in the nearest future, and I examine their effi ciency. By studyingthe international evidence I analyze the impact of the smoke-free areas, advertisementand sponsorship bans, tax increases, etc. on the prevalence of smoking, cigaretteconsumption and some other indicators. I also investigate the obstacles confrontingthe Russian authorities when they introduce new policy measures and the public attitudetowards these measures. I conclude that there is a number of easy-to-implementanti-smoking activities that need no fi nancial resources but only a political will.
One of the most important indicators of company's success is the increase of its value. The article investigates traditional methods of company's value assessment and the evidence that the application of these methods is incorrect in the new stage of economy. So it is necessary to create a new method of valuation based on the new main sources of company's success that is its intellectual capital.