Использование предписаний в российском контроле экономической концентрации: модели дискретного выбора
This article is motivated by a growing interest in the problem of merger control quality assessment. Remedies are one of the instruments of merger control and have a significant influence on the results of it. This paper aims to build and empirically evaluate a discrete choice model of merger remedies implementation in Russian merger control. The database consists of 502 merger cases accepted by the Russian antimonopoly agency between 2010 and 2012. We analyse the agency’s decisions to find which characteristics of merging firms and markets lead the Federal Antimonopoly Service of the Russian Federation to decide whether to allow conditional acceptance. We find that variables related to high market power such as high market share and significant entry barriers more frequently result in a remedy outcome. Such industries as the coal mining and chemical industry positively affect the probability of a remedy implementation. At the same time we do not find significant effects of such high-concentrated industries as energy and gas. In addition, the results also demonstrate that if one of the 5 giant firms take part in a merger, it has a positive effect on the probability of the remedy decisions. Our study did not detect the influence of the firm-buyer’s countries on using remedies.
The Association of antitrust experts, together with FAS Russia, has prepared a new review of administrative appeal practices for the I quarter of 2020. The document discusses the most relevant positions of the FAS Presidium and appeal commissions, which the Antimonopoly authorities will use when considering similar and comparable cases.
Outcomes of key performance indicators application for the assessment of public authority performance are ambiguous. Theory of incentive contracts as well as international experience highlight the difficulties and possible externalities of KPI setting for public authority. Motivation system often distorts the incentives of public authorities, and applied indicators do not correctly reflect the priorities of enforcement for the society. One specific example is the assessment of performance of the Russian competition authority. In the paper we analyze the peculiarities of formation of ratio of the infringement decisions coming into legal force to all the infringement decisions made by competition authorities applied as one of key performance indicators. Using the data of the database of judicial reviews of infringement decisions, we show that the assessment of FAS performance based on the share of infringement decisions coming into legal force, distorts the incentives of the authority substantially. It motivates competition authority for making the large number of infringement decisions with the low probability to reverse but the low positive impact on consumer surplus and total welfare.
Recently, the state taken various measures to protect the rights of citizens who use the various types of transportation, namely air, road and rail. In turn, the legal status of the passenger includes a number of rights and obligations, which legal regulations are in need of improvement. As practice shows, to date, more frequent non-standard rights violations during transportation of passengers and active use of the citizens of judicial and extrajudicial protection of their rights. This paper is devoted to these issues and graduate student of the Department of Private International Law, Faculty of Law of the National Research University «Higher School of Economics» Kasatkina A.S. considering these issues.
The Association of antitrust experts, together with FAS Russia, has prepared a new review of administrative appeal practices for the III quarter of 2019. The document discusses the most relevant positions of the FAS Presidium and appeal commissions, which the Antimonopoly authorities will use when considering similar and comparable cases.
The Association of antitrust experts, together with FAS Russia, has prepared a new review of administrative appeal practices for the IV quarter of 2019. The document discusses the most relevant positions of the FAS Presidium and appeal commissions, which the Antimonopoly authorities will use when considering similar and comparable cases.
The present study focuses on the deterrence effects of Russian merger control. The impact of merger control instruments (remedies and prohibitions) on future merger activity reflects the mechanism of the deterrence effects. We use panel data on merger control decisions to estimate empirically the ability of antitrust actions to deter firms from merging. The estimation procedure was based on several methods including Arellano— Bond estimator. The findings of the research illustrate the presence of deterrence effects of Russian merger control. At the same time remedies do not involve deterrence effects in Russia whereas prohibitions can deter future merger activity. Studying deterrence effects of merger policy tools may be an essential step in understanding benefits of merger control as deterrent effects may be even more substantial than direct effects of merger control.
The paper examines the structure, governance, and balance sheets of state-controlled banks in Russia, which accounted for over 55 percent of the total assets in the country's banking system in early 2012. The author offers a credible estimate of the size of the country's state banking sector by including banks that are indirectly owned by public organizations. Contrary to some predictions based on the theoretical literature on economic transition, he explains the relatively high profitability and efficiency of Russian state-controlled banks by pointing to their competitive position in such functions as acquisition and disposal of assets on behalf of the government. Also suggested in the paper is a different way of looking at market concentration in Russia (by consolidating the market shares of core state-controlled banks), which produces a picture of a more concentrated market than officially reported. Lastly, one of the author's interesting conclusions is that China provides a better benchmark than the formerly centrally planned economies of Central and Eastern Europe by which to assess the viability of state ownership of banks in Russia and to evaluate the country's banking sector.
The paper examines the principles for the supervision of financial conglomerates proposed by BCBS in the consultative document published in December 2011. Moreover, the article proposes a number of suggestions worked out by the authors within the HSE research team.
We address the external effects on public sector efficiency measures acquired using Data Envelopment Analysis. We use the health care system in Russian regions in 2011 to evaluate modern approaches to accounting for external effects. We propose a promising method of correcting DEA efficiency measures. Despite the multiple advantages DEA offers, the usage of this approach carries with it a number of methodological difficulties. Accounting for multiple factors of efficiency calls for more complex methods, among which the most promising are DMU clustering and calculating local production possibility frontiers. Using regression models for estimate correction requires further study due to possible systematic errors during estimation. A mixture of data correction and DMU clustering together with multi-stage DEA seems most promising at the moment. Analyzing several stages of transforming society’s resources into social welfare will allow for picking out the weak points in a state agency’s work.