Antitrust Legislation in the Context of Constitutional Control: Novelties of Law Enforcement Practice
https://doi.org/10.47361/2542-0259-2024-2-38-10-17
Abstract
In December 2023, 30 years have passed since the adoption of the Constitution of the Russian Federation. The positions of the constitutional control bodies have always played and continue to play an important role in the development of antimonopoly legislation and law enforcement practice in cases of protection of competition. In the practice of the Constitutional Court of the Russian Federation (CC of Russia) and a number of other law enforcement officers, competition is considered in the context of the constitutional value that all law enforcement officers, including antimonopoly authorities and courts, are obliged to protect. In the constitutions of a number of foreign countries, there is often no direct indication of the need to protect competition, which increases the role of the highest courts in creating a legal mechanism for its protection. The authors analyze the law enforcement practice of the Constitutional Court of the Russian Federation established after 2018 on the application of antimonopoly legislation and the influence of the positions of the supreme constitutional control body on the development of Russian competition law.
About the Authors
S. B. Segal (Reshetnikova)Russian Federation
Stephania B. Segal (Reshetnikova)
125047; 3th Tverskaya-Yamskaya str., 39-1; Moscow
A. O. Maslov
Russian Federation
Anton O. Maslov
125993; Sadovaya-Kudrunskaya str., 9; Moscow
References
1. Danilovskaya A. V. Competition as an Object of Criminal Law Protection. Lex Russica. 2020;73(2):75-91. (In Russ.) doi: 10.17803/1729-5920.2020.159.2.075-091
2. Bashlakov-Nikolaev I. V., Maksimov S. V. Resolution of the Plenum of the Supreme Court of the Russian Federation on the application of antimonopoly legislation by courts: scientific and practical commentary. M: Prospect, 2022. 184 p. (In Russ.)
3. Business law of Russia: results, trends and development paths : Monograph / Afanasyeva E. G., Belitskaya A. V., Vaipan V. A., et al.; resp. ed. E. P. Gubin. M.: Justicinform, 2019. 664 p. (In Russ.)
4. Chiodo, Suzanne, Becoming Competitive on the Worldwide Stage: UK Supreme Court Gives Green Light to Class Actions (Blog Post) (December 11, 2020). Available at SSRN: https://ssrn.com/abstract=4226103 or doi: 10.2139/ssrn.4226103.
5. Esakov G. Cartel agreement and formal participation in tenders // Herald of Economic Justice. 2020;(12):76-90. (In Russ.)
6. Tymoshenko A.S. Application of the principle of good faith in proving cartel agreements аt tenders // Russian competition law and economy. 2020;(1):26-31. (In Russ.) doi: 10.32686/2542-0259-2020-1-26-31
Review
For citations:
Segal (Reshetnikova) S.B., Maslov A.O. Antitrust Legislation in the Context of Constitutional Control: Novelties of Law Enforcement Practice. Russian competition law and economy. 2024;(2):10-17. (In Russ.) https://doi.org/10.47361/2542-0259-2024-2-38-10-17