Investigation of Collusion in Procurement of One Russian Large Buyer
The article discusses a recent antitrust case brought against Russian manufacturers of large diameter pipes (LDPs) that aimed to investigate supposed collusive practices that contradicted the law ‘On the Protection of Competition’, which prohibits market sharing and restricting production.The Russian competition agency (FAS) confirmed the infringement under Article 11 of the law ‘On the Protection of Competition’, but at the same time exempted companies from liability under Article 13, which allows applying rule of reason to agreements which promote efficiency.We presume the infringement charge was based on weak substantial evidence standards. The case under consideration illustrates the importance of investigating the institutional details when qualifying the actions of market participants and their effects.The analysis of the evidence in this case indicates that the nature of cooperation between pipe manufacturing companies and OJSC Gazprom, namely indicative planning, may be explained from the perspective of reducing contract risk in an environment characterized by large-scale investment.
The paper is about Russian practice of introducing a leniency program. In the article authors examine the history of changes to the norms governing the exemption from liability for participating in cartel agreements and the characteristics of competition policy in Russia, which objectively hinder the effectiveness of the program.
Many antitrust cases in Russia continue to be a challenge for the assessment of competition policy. The question is that the impact of several antitrust decisions is rather questionable because of poor legal and economic proceeding. In fact, one of the key factors of the antitrust enforcement quality is the way of decision making by the judges in antitrust cases. This project proposal investigates the factors, affecting final antitrust cases results as the key element of the competition policy’s tools in Russia – antitrust regulation. Using a unique dataset of the appeals of infringement decisions from 2008-2012 this paper empirically examines the impact of competition policy instruments on national economy; development of the criteria for evaluating the effectiveness of antitrust policy; analysis of data on facts influencing the final court decision of antitrust investigations against Russian companies.