Картели и иные антиконкурентные соглашения. Комментарии к самым актуальным антимонопольным делам 2013–2019 гг. (книга первая). Сборник
This collection has been prepared by leading lawyers and economists who are professionally engaged in antitrust regulation. Acting legislation is listed as of September 1, 2019. For students, postgraduates of higher education institutions, practicing lawyers, economists, entrepreneurs.
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.
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.
Many antitrust cases in Russia continue to be a challenge for the assessment of competition policy. The question is that the impact of several antitrust decisions is rather questionable because of poor legal and economic proceeding. In fact, one of the key factors of the antitrust enforcement quality is the way of decision making by the judges in antitrust cases. This project proposal investigates the factors, affecting final antitrust cases results as the key element of the competition policy’s tools in Russia – antitrust regulation. Using a unique dataset of the appeals of infringement decisions from 2008-2012 this paper empirically examines the impact of competition policy instruments on national economy; development of the criteria for evaluating the effectiveness of antitrust policy; analysis of data on facts influencing the final court decision of antitrust investigations against Russian companies.
As antitrust regulation of economic concentration processes in the developed world becomes more intense corrective measures that allow neutralizing negative effects of transactions are widely introduced. The results of applying this management tool by the Russian antimonopoly practice in 2006-2008 marked by the antitrust law change were investigated. The main features and existing trends were revealed, an attempt to explain the current situation in terms of the institutional approach was made.
Economic concentration may lead to formation of a dominant market position of the merging companies and reduction in social welfare. On the other hand, economic theory predicts some positive outcomes from mergers between large export trading companies due to increase in their production efficiency and international competitiveness. The balance between benefits and losses in social welfare from economic concentration is not evident; national interests do not always coincide with the development of competition at the supranational level. In this paper we analyze the practice of antitrust enforcement in Russia and foreign countries, in order to reveal the use of balanced approach when making decision on acceptability of a merger between exporters.
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.