Legal standards and the role of economics in Competition Law enforcement
The subject of this article - is the research of public interest in Russian civil proceedings. The author compares the private interest and the public interest as well the public, state and society interest in law and draws conclusions about their similarities and differences. The article deals with the specific manifestation of public interest in civil proceeding (abstract and specific) and investigates problems of using this term in the text of the law and practice.
In this paper we describe a methodology that allows researchers to measure empirically, in the form of well-defined indicators, the extent to which economic analysis and evidence is been applied in the enforcement of competition law, using data collected from the decisions of competition authorities. By mapping the value of these indicators to different legal standards, our methodology also allows one to identify the legal standards adopted in the assessment of different conducts that were investigated by the authorities. The policy implications of empirical work in this area are potentially very important, since the extent to which economic analysis is applied in the assessment of anti-competitive conduct by competition authorities may well influence the quality of this assessment (i.e. the quality of enforcing competition law, measured by the extent to which decision-errors and deterrence effects are minimised). Empirical analysis using the indicators can be used to undertake comparative analysis in different countries, to examine the extent to which authorities favour specific legal standards in the assessment of specific conducts and the way in which the judicial review process treats decisions depending on the legal standard used.
Dr. Frédéric Jenny is the Renaissance man of competition policy. As an economist, scholar, judge and enforcer, he has helped transform the landscape of global competition enforcement. In the first volume of this Liber Amicorum, distinguished members of both Bar and Bench, as well as academics from around the world, come together to bear testimony to his international achievements. This collection of 21 articles celebrates Dr. Jenny’s career thus far, and also explores other timely and topical areas of competition law and policy.
We contribute to the debate on the optimal structure of Competition Authorities (CAs), a debate of particular relevance in younger developing country jurisdictions. We propose a model of a reputation-maximizing CA in which reputation is increasing with enforcement success. This predicts that generalist CAs will focus on decisions in activities with low probability of annulment and low investigation and litigation costs and that this could be detrimental to welfare (relative to the more balanced activity portfolio of specialist CAs). We use a data set of appealed decisions of the Russian CA to provide an empirical support for the model’s assumptions and predictions.
What are the drawbacks of the legislator in the regulation of the appeals, the appeal and the supervisory review of criminal cases will inevitably give rise to problems in practice • How do I resolve a conflict that appeared in the Code rules.
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.