OPENING SPEECH
30 ЛЕТ АНТИМОНОПОЛЬНЫМ ОРГАНАМ РОССИИ
ГОСУДАРСТВЕННАЯ ПОЛИТИКА ЗАЩИТЫ И РАЗВИТИЯ КОНКУРЕНЦИИ
The article is devoted to the development of Antimonopoly policy for the future 2021-2025, which ensures the fundamental rights and freedoms of consumers and entrepreneurs, and supports existing and new forms of economic activity in the context of profound changes in the economy. It is about how the new situation in the markets and in life is beginning to test the foundations of understanding economic and human relations. The author formulates the values of economic development in the new conditions. It is said that the role of consumers in the conditions of clip thinking is decreasing, and they need to be activated in the digital economy. The author assesses the emergence and development of new «human — machine» and «machine - machine» relationships, the ongoing convergence processes, the formation of multilateral, interconnected and global markets, and the correlation of the real and virtual world.
Approaches to intellectual Antimonopoly regulation that stimulate innovative development are proposed. Recommendations are given for improving the Antimonopoly policy, taking into account the problems and challenges caused by the coronavirus and similar threats. Approaches to legal regulation of the activities of operators (aggregators) of digital platforms are proposed. Recommendations are given on the procedure for applying Antimonopoly legislation to actions and agreements on the exercise of exclusive rights to the results of intellectual activity. The article substantiates the need to switch to Pro-competitive, flexible, long-term tariff regulation and resuscitate structural reforms based on competitive mechanisms. Changes in international cooperation in the field of Antimonopoly policy are discussed. It is said about creating equal conditions for the activities of Russian and foreign participants in the e-Commerce markets. It is shown how, based on the creation of an exchange ecosystem, it is possible to form one of the world's financial centers in the country. Proposals are made to decriminalize the regulation and control of economic relations in General, as well as issues of Antimonopoly and tariff policy, and state procurements. We propose conceptual changes in the public procurement system with the transition from control of procedures to control the achievement of results using objective quotations of the prices of goods (works, services).
The article discusses a number of problems and prospects for the development of competition in the context of the growing digitalization of the Russian economy. It is noted that the digital economy is becoming a relatively independent environment for the economic life of business entities. The reaction of the state, business and the population caused by the COVID-19 coronavirus pandemic served as a catalyst to accelerate the digitalization of the economy.
Largely, this acceleration was due to the ineffectiveness of standard measures to combat the pandemic, which made it necessary to revise the “frame of reference” for the development of the economy as a whole, to adjust the traditional approaches to antimonopoly regulation.
According to the authors, the modern economic policy of Russia should be aimed at preserving and developing domestic entrepreneurship interested in developing the national economic environment, using profits for the development of domestic markets.
This approach creates the preconditions for the growth of a national socially responsible business focused on competing in foreign markets.
To achieve this goal, it is necessary to update the existing legal instruments (including using the mechanism provided for by the National Plan for the Development of Competition in the Russian Federation) in the field of antimonopoly control, tariff regulation, public procurement in order to ensure the growth of the competitiveness of Russian goods (including services) in foreign markets.
КОНТРОЛЬ В СФЕРЕ ЗАКУПОЧНОЙ ДЕЯТЕЛЬНОСТИ
Among the most highly sought measures of public support of businesses are various preferences to small-scale businesses as part of the public procurement of goods and services. In light of the new coronavirus pandemic there is an active discussion of the measures related to supporting the small- and medium-scale business entities with the use of the public procurement institution. However, taking such measures may presuppose significant inherent risks, including those related to potential or real limitation of competition. In their work the authors analyze the global experience of preferential programs for small- and medium-scale business entities through public procurement, as well as specific features peculiar to the Russian legal order which may be of importance during introduction of the said measures.
The article authors emphasizes objective and subjective factors of public procurements efficiency reduction. This review are based on state customers for research and development survey results. The authors states the proposals for involving larger number of participants for competitive procurements including temporary creative teams and individual scientists.
According to authors, expanding the circle of tenders participants at scientific individuals and their teams expense can improve efficience of research and development public procurements by qualitative shift of competitiveness nature with priority for influence of scientific experience and potential of individual scientists (research teams) tender specification conformity assessment.
Efficience improvement for research and development tenders is impossible without creation of united aggregator for such tenders. According to authors, such united aggregator creation function can be assigned to Russian Academy of Sciences or The Russian Foundation for Basic Research.
The article provides a brief overview of the general state and structure of the Russian public (regulated) procurement market and the analysis of the public procurement market of R&D by certain types of legal entities listed in the Federal Law of July 18, 2011 No. 223-FZ. Based on the analysis of statistical information on the amount of R&D procurement, their efficiency and structure, it has been concluded that competition in this segment of the regulated procurement market is extremely low: the most part of R&D contracts are concluded through procurement from a single supplier, the efficiency of competitive procedures is extremely low: there are more than a half failed procurements depending on the methods of carrying out in the total volume of purchases. The article presents the most feasible in the author's opinion the reasons for the existing structure of public R&D procurement market.
ANTITRUST ENFORCEMENT PRACTICES
The achieving goals of competition protection and creation of conditions for effective market dynamics, as postulated by antimonopoly legislation, can only be achieved if the liability is determined in proportion to the commited offence. One of the most effective measures to prevent new offences is to held a law-breaker liable to a turnover-based fine. However, when applying this measure, one of the basic problems is the problem of calculating an administrative fine, namely, the question of determination the market, where was commited an administrative offence. The article presents the criteria for such a goods market, and also resolves the question of a balance between terms of antimonopoly legislation and administrative offences legislation.
НОРМАТИВНОЕ ПРАВОВОЕ РЕГУЛИРОВАНИЕ ЗАЩИТЫ И РАЗВИТИЯ КОНКУРЕНЦИИ
Competition in the pharmaceutical market is a necessary factor providing an opportunity for citizens to purchase quality goods at affordable prices. Regulation of competitive relations in the market in question can and should have its own characteristics. Opposing monopolization of the retail market by pharmacy chains, setting “reasonable” prices, providing preferential treatment for Russian manufacturers in the promotion of goods are the issues that the legislator should pay attention to when improving regulation of this industry product market.
ГОСУДАРСТВЕННАЯ ПОЛИТИКА В СФЕРЕ БОРЬБЫ С КАРТЕЛЯМИ
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.
TARIFF REGULATION
The topic of modernization of the system of state regulation of prices (tariffs) for services of natural monopoly entities in the Russian Federation has been at the peak of relevance in recent years. Effective tariff regulation is largely hindered by the imperfect procedure for setting regulated prices (tariffs), and the lack of requirements for proper motivation of decisions in this area. This article attempts to highlight these problems and suggest ways to solve them.
ОБЗОР
The review provides an analysis of the legal positions of arbitration courts in cases of violations of antitrust laws committed by abuse of a dominant position, setting a monopolistically high price, and entering into anticompetitive agreements between bidders and customers; claims of the antimonopoly authority; practice reducing the size of the administrative fine for violations of antitrust laws.
Purpose: the formation of uniform approaches in law enforcement practice in cases of violation of antitrust laws.