Дайджест новостей антимонопольного права за май-август 2020 года
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».
Based on the analysis of actual problems of legal statistics suggestions for improving its use in the study of crime and measures of the struggles she and demonstrates ways to increase trust legal statistics and teaching effectiveness as discipline in law schools.
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.
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.