Common Interest as a Sign of Related Party
https://doi.org/10.47361/2542-0259-2021-2-26-42-48
Abstract
The Supreme Court of the Russian Federation proposes to consider a group of persons as a single economic entity, the participants of which act in the common economic interest of the group in relation to third parties (other market participants). At the same time, it is proposed to give an opportunity to interested parties to prove that an economic entity that is formally included in a group of persons in accordance with Article 9 of the Federal Law “On Protection of Competition” should not be subject to the legal regime of this group, if in reality this entity is autonomous in its behavior, for example when other group members do not have sufficient legal (contractual, corporate) and organizational (managerial) means of influencing his behavior.
The Supreme Court of Russia does not clarify the correlation between the signs of a general economic interest among members of a group of persons and sufficient means of influencing the economic behavior of an economic entity in relation to a group of persons. The author chose the above ratio as the main subject of his research. According to the author, the presence of a general economic interest of economic interest is not sufficient for the recognition of the totality of economic entities as a group of persons in the absence of a real connection between them.
About the Author
M. V. Kamenkov
Institute of Competition Development and Antimonopoly Regulation of St. Petersburg State University
Russian Federation
Russian Federation
Maksim V. Kamenkov
Universitetskaya Emb., 7/9, St. Petersburg, 199034
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Review
For citations:
Kamenkov M.V. Common Interest as a Sign of Related Party. Russian competition law and economy. 2021;(2):42-48. (In Russ.) https://doi.org/10.47361/2542-0259-2021-2-26-42-48
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