Антимонопольное регулирование в нефтяной промышленности
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 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’.
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.
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 paper explores how EU competition law has integrated so far the concept of brands in different areas of enforcement. Although EU competition law has engaged in multiple instances with branding and product differentiation, brands do not yet constitute an operational concept in EU competition law. This is due to an important uncertainty as to the normative choices that need to be made with regard to the relation between brands and the formation of consumer preferences. The concerns raised by retailer power and the development of private labels also indicate that the existing economic theory on product differentiation may not also provide a complete picture on the effects of brands on the competitive process and ultimately on consumers. Competition law will also need to tackle the issues raised by the development of ‘social branding’ and the dialogic interaction between brand owners and consumers in the constitution of their brand identity.