Features of Actions Qualification of Economic Entities Belonging to the Same Group of Entities under Article 11 of the Law on Competition Protection

Abstract

The article deals with certain features of legal qualification of anti-competitive agreements concluded by participants of one group of entities. The author considers the possibility of applying antitrust immunity to anti-competitive agreements concluded between economic entities, including the problem of establishing control between the parties of the agreement on the example of specific antitrust cases.
It is concluded that, despite the existence in law enforcement practice of cases of application of immunity to agreements restricting competition between economic entities belonging to the same group of persons, in the absence of a relationship of control between them, this immunity should be applied only if there are grounds provided for by law. The author’s position may not coincide with the official position of the FAS Russia.