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Regular version of the site

Article

Концепция сопоставимых рынков в российской антимонопольной практике

Экономическая политика. 2014. № 5. С. 99-115.

One of the key areas of competition policy is to counter the abuse of dominant position, one of the most dangerous forms of which is establishing and maintaining monopolistically high. According to the Article 6 of the Law “On protection of competition” two alternative criteria are assumed to be applied for evaluation of monopolistically high prices established by an economic entity. One of them is based on the “comparable markets” concept. However, in practice there are considerable difficulties in qualifying commodity markets as comparable, which raise the risks of type I and type II errors in antitrust enforcement. This leads to deterioration of ability of the legal system to contain the activity, which results in the restriction of competition and efficiency losses (consumer welfare losses). This article focuses on the economic analysis of the concept of “comparable markets” in Russian antitrust legislation in comparison with the world best practices for its application.