Оценка качества работы судей в контексте антимонопольного регулирования
e issue of assessing the quality of judicial decisions is particularly relevant for Russia as for a country at a transitional stage of institutional development. e paper analyzes the factors of quality of judicial decisions through antitrust cases in relation to international practice and Russian speci cs. ere is an analysis of the main features that determine the quality of the decisions made by the judges on the basis of a unique database of commercial courts cases. e article notes the high signi cance of the level of specialization and economic competence of judges when considering cases of a certain type. e decision quality factor is based on the minimization of law enforcement errors; and it is determined by such indicators as a fact of appeal, equality of decisions of rst and higher instances, as well as a cumulative number of instances considering a case as a pa- rameter of the quality of the case consideration by the judicial system in general. ere are several groups of parameters a ecting the quality. is research is especially focused on individual characteristics of judges, complexity of the approach required to the analy- sis of a potential violation and sanctions imposed on a party. It is shown that specialized experience of a judge in consideration of cases of a certain type provides rather intensive impact on the decision which will not be canceled by higher instances.
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.
This article is devoted to some aspects of antitrust law influence on economical processes. Considered problems are interconnection antitrust regulation and innovation activity, applicability of antitrust law terms and applicability of geographic market for retail markets.
The article explains an approach to the economic analysis in antitrust enforcement in Russia during twenty-five years of development. Based on adoption of European-style competition rules it is worth seeing how the industrial organization and competition economic models are applied during transition from socialist to market economy. The most specific feature, among the standards of enforcement, is the prevalence of enforcement against unilateral exploitative conduct of a large company that is not directly related to the restrictions of competition. Not only harm but individual harm is central and often sufficient evidence of competition legislation violation. Both the intellectual and technological legacies of transition, industrial structure of the economy and supportive institutions explain the unique application of theoretical models as a background for the actions of Russian antitrust authority.
The chapter examines the academic dispute in newspapers between two legal scholars on details of the judicial reform in Russia in terms of rhetoric.
The paper is related to analysis of compensatory function of legal myths using example of legal efficiency and legal effectiveness myths.
In recent years the role of anti-monopoly policy in Russia has grown significantly. The enforcement power of the anti-trust agency has increased dramatically. At the same time adverse trends in competition policy have emerged and strengthened. The main reason was, paradoxically, a growing role of anti-trust policy in the Russian government. The enforcement of anti-trust rules is expected to result immediately in control of the price level and/or support of a defined group of market participants (e.g. suppliers of food products). In this context legal rules are changing in a way that leads to an increase in the number of false positives (type I errors) in anti-trust cases. False positives not only impose a burden on the accused but also distort the incentives of market participants, restrain potentially efficient business practices and also paradoxically can prevent competition. This article considers three examples of adverse development of anti-trust rules in Russia: regulation of trading activity, rules on collusion and excessive prices of collectively dominant market participants, and rules on discrimination as an abuse of a dominant position.
This fascinating new book dissects, from a Competition law perspective, how Research and Development collaborations operate under both US and EU antitrust law. Analyzing the evolution of this innovation landscape from the 1970s to the present day, Blomqvist details the modifications and amendments made over this time to the relevant legal acts and guidelines. In doing to, the author picks up on the slow shift that has taken place in both the antitrust laws of the USA and the Competition Rules of the EU. The book concludes by discussing the necessity for a stringent attitude towards the antitrust establishment, and how this can be developed by reviving the concept of the ‘innovation market’.
The book comprises the articles about legal methodology and new developments in understanding of law and its tools of art.
Smoking is a problem, bringing signifi cant social and economic costs to Russiansociety. However, ratifi cation of the World health organization Framework conventionon tobacco control makes it possible to improve Russian legislation accordingto the international standards. So, I describe some measures that should be taken bythe Russian authorities in the nearest future, and I examine their effi ciency. By studyingthe international evidence I analyze the impact of the smoke-free areas, advertisementand sponsorship bans, tax increases, etc. on the prevalence of smoking, cigaretteconsumption and some other indicators. I also investigate the obstacles confrontingthe Russian authorities when they introduce new policy measures and the public attitudetowards these measures. I conclude that there is a number of easy-to-implementanti-smoking activities that need no fi nancial resources but only a political will.
One of the most important indicators of company's success is the increase of its value. The article investigates traditional methods of company's value assessment and the evidence that the application of these methods is incorrect in the new stage of economy. So it is necessary to create a new method of valuation based on the new main sources of company's success that is its intellectual capital.