Superior bargaining power arises when one trading partner becomes dependent on the other. It can be
abused to exploit the counterparty or to grab profi ts within a product value chain. It is necessary to apply anti-monopoly
law to superior bargaining power because, firstly, abuse of a superior bargaining power distorts the product value chain
and, finally, leads to higher prices or a decline in product quality. When superior bargaining power originates from an
intellectual property right, its abuse will hinder both the application of the subject technology and competition in adjacent
or downstream markets. Secondly, the economic relationships that abuse of superior bargaining power covers are often
macroscopical. Compared to other laws and legislative proposals, anti-monopoly law is the most appropriate way to
regulate superior bargaining power.
Present article considers the issue of conflict and material regulation of international passenger carriage. In this article, a detailed analysis of national and international regulation on the transport of passengers by different types of transport, in particular deals with the classification of types of attachment and conflict of laws according to the international passenger carriage.
Competition and the State analyzes the role of the state across a number of dimensions as it relates to competition law and policy across a number of dimensions. This book re-conceptualizes the interaction between competition law and government activities in light of the profound transformation of the conception of state action in recent years by looking to the challenges of privatization, new public management, and public-private partnerships. It then asks whether there is a substantive legal framework that might be put in place to address competition issues as they relate to the role of the state. Various chapters also provide case studies of national experiences. The volume also examines one of the most highly controversial policy issues within the competition and regulatory sphere—the role of competition law and policy in the financial sector.
This article is concerned with those aspects of the theory and practice of legal settlement that are relevant to questions about the evaluation of legal settlements in scope of antitrust. The problem is about the settlements concluded between businesses and at the same time obeying the domestic competition law. The contemporary debate about these settlements in Russia is normally presented as an interaction between two sets of ideas. On the one hand is general notion of legal settlement. On the other is the view that legal settlement depends on the activity of antimonopoly authority. The author of the article shows that these statements are incomplete and offers his own solutions to the legal problems by applying the postulates ex post and ex ante.
One of the modern lines of the Russian competition law is strengthening of public sanctions for its infringement. However practical application of these sanctions is possible only at full conformity of circumstances of concrete case to all conditions of application of measures of responsibility. These conditions are listed in the administrative legislation, in the criminal code and in the Law on protection of a competition of 2006. Russian and foreign legal practice shows that the most difficult for the determination are boundaries of the product market where there was an anticompetitive offence. What are the practice of application and prospect of updating of rules of a proof of such boundaries? The present article also is devoted the analysis of this point in question. The author shows features and lacks of use of economic arguments at interpretation of legal concept «the product market».
Damages Claims for the Infringement of Competition Law provides a discussion of the emerging field of competition law damages and explores the important questions it raises about the use of the traditional tort law categories in an area of law that is heavily infused with economic analysis. The book combines a corrective justice perspective with an empirical and theoretical analysis of the practice of competition law damages in various jurisdictions in Europe. Rather than adopting the traditional economic analysis of law approach, the authors respect the autonomy of the fields of law and economics, while attempting to identify the areas of conflict that may emerge when economic concepts and categories are integrated in the legal system.