Modern Concepts of Market Power in Competition Law Doctrine: Russian and Some Foreign Jurisdictions Cases

Abstract

In the doctrine of competition law, the approach is generally accepted, according to which the main criterion for the market power of an economic entity is the size of the market share. This criterion is questioned when it comes to the need to determine the market power of the economic entity — the owner of the digital platform. In this regard, it became necessary to develop new criteria for market power in relation to owners of digital platforms.
In a number of foreign countries, the procedures for amending antitrust laws have been initiated or have already been completed, which are aimed at resolving new approaches to the market power of digital platform companies.
The article proposes an analysis of both traditional and new concepts of market power, which are reflected in the legislation of a number of foreign countries. The key differences between modern concepts of market power and the concept of the dominant position of an economic entity in the commodity market are considered