OPENING SPEECH
АНТИМОНОПОЛЬНЫЙ КОМПЛАЕНС
The article examines the etymology and prehistory of the introduction of the institution of antimonopoly compliance in Russian business practice, the relationship of this institution with the institution of general compliance. The article considers the definition of the concept of antimonopoly compliance, enshrined in the new article 91 of the Federal Law "On Protection of Competition".
The authors propose their own definition of the concept of antimonopoly compliance as an activity of an economic entity aimed at ensuring compliance with antimonopoly legislation by employees of an economic entity and an economic entity as a whole by preventing and suppressing violations of the requirements of such legislation and regulatory legal and law enforcement acts based on it.
The authors also substantiate the advisability of developing a special national standard GOST R "System of internal compliance with the requirements of antimonopoly legislation (antimonopoly compliance system) of an economic entity".
It is noted that the effectiveness of the antimonopoly compliance system will depend not only on the ability of an economic entity to form an antimonopoly compliance system on the basis of an appropriate national standard, but also on the state's ability to determine and guarantee effective incentives to comply with antimonopoly legislation.
The authors substantiate the advisability of supplementing the Code of Administrative Offenses of the Russian Federation with provisions that provide for the obligation and limits to reduce the amount of punishment or replace the punishment with a softer one in the event of an anticompetitive administrative offense by a person who has implemented an effective system of antimonopoly compliance.
ANTITRUST ENFORCEMENT PRACTICES
For more than five years, the FAS Russia has been operating the institute of Internal appeal, which makes it possible to review certain types of decisions of territorial antimonopoly bodies out of court. At the same time, the Legal Department of the FAS Russia with the participation of the Association of Antimonopoly Experts formed the practice of preparing and publishing in the journal "Russian Competition Law and Economics" quarterly reviews of the most important decisions of the collegial bodies of the FAS Russia.
During this time, valuable experience has been accumulated in the consideration of complaints against decisions of territorial antimonopoly bodies and uniform approaches to solving a number of key issues of antimonopoly law enforcement have been formed.
The article discusses the important problems of Internal appeal of the FAS Russia related to the specification of grounds and the procedure for applying to the collegial bodies of the FAS Russia on complaints against decisions of territorial antimonopoly bodies.
An assessment of the most important advantages and disadvantages of this institution is given, recommendations are formulated for optimizing the practice of protecting the rights and legitimate interests of economic entities when appealing decisions (orders) of territorial antimonopoly bodies.
ГОСУДАРСТВЕННАЯ ПОЛИТИКА В СФЕРЕ БОРЬБЫ С КАРТЕЛЯМИ
The legal assessment of export cartels today is one of the most pressing problems in the field of antitrust regulation, including in relation to transnational markets. The authors analyze the essence of the export cartel phenomenon, judicial and other law enforcement practice in cases of export cartels, identify its characteristic features and propose ways to solve the problem, including in relation to the Eurasian Economic Union.
ТЕОРИЯ КОНКУРЕНТНОГО ПРАВА
The article about the discussion on the legal meaning of the principle of exhaustion of the exclusive right to a trademark, including from the point of view of its impact on the state of competition in the commodity markets. The analysis of the legal nature of the principle of exhaustion of the exclusive right to a trademark is carried out, its essential and functional significance is determined. The actual application of this principle has been investigated, including practice of the Russian antimonopoly body in cases of unfair competition on the part of rightholders who prohibit the parallel import of their products. Studied judicial practice on the legality of parallel imports. The problem of the balance of interests of copyright holders, “parallel” importers and consumers is considered, the “pluses” and “minuses” of consolidation in the legislation of the national and regional principles of the exhaustion of the exclusive right to a trademark are assessed.
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.
UNFAIR COMPETITION
The article examines the institute of principles of tax competition in the administration of budget revenues of the budget system of the Russian Federation. The article considers the issues of the essence of the term “principles of tax competition in the field of budget revenue administration”, its content, and the correlation of the existing principles in the legislation of the Russian Federation: the BC of the Russian Federation, the Tax Code of the Russian Federation, on competition in the Russian Federation. Based on the analysis of the definitions available in science and legislation of the Russian Federation, the author proposes the concept of the term “principles of tax competition in the administration of budget revenues” and their division into two groups: general (general legal) and special (industry). Based on the proposed principles, the factors influencing tax competition in the administration of budget revenues of the budget system of the Russian Federation are identified.
The article examines the origin of corruption as a social and economic phenomenon that is persistent in society. The purpose of the study is to identify the causes of corruption and the economic factors that influence it. It is revealed that corruption existed in all epochs of human society and in all countries of the world, regardless of their level of economic development and political structure. It is concluded that corruption, as a common phenomenon, comes from the usual human desire to obtain privileges in society, but with the use of illegal methods. It is revealed that in addition to cases of corruption, the desire to obtain a privileged position is also observed in cases where economic entities use an anti-competitive model of conduct in relations with other market participants. This led to a conclusion about the mutually overwhelming influence of competition and corruption on each other — the more competition is developed in a country, the lower the level of corruption in it. In this paper, using econometric methods, a correlation analysis of the relationship between competition and corruption in 140 countries of the world is carried out. The results obtained suggest that increasing the level of competition in the economy will reduce the scale of corruption in the country.
STATE PROCUREMENTS
The article is devoted to the relevance of the development and adoption of the Concept for the development of the Contract System of the Ministry of Internal Affairs of Russia in order to increase the efficiency of using budget funds and eliminate corruption risks in the implementation of public procurement. The regulatory framework of federal and departmental level was considered, attention was paid to practical aspects of procurement of goods, works and services for the needs of internal affairs bodies, issues of regulation and control are reflected. Structural elements of the Concept, ways to improve the Contract System of the Ministry of Internal Affairs of Russia are proposed.
LEGAL REGULATION OF PROTECTION AND DEVELOPMENT OF COMPETITION ABROAD
Year by year, digital platforms are becoming more popular in doing business. At the same time antitrust regulators around all the world face with challenges in analyzing the market boundaries where digital platforms’ owners participate.
The article examines legal aspects of determining product and geographical boundaries
of markets where digital platforms’ owners operate.
The article deals with Amex case in which The US Supreme Court held that boundaries of the market where two-sided transactional digital platforms’ owners operate should be determined by the transaction. No doubt, this approach is debatable and the fact that the Court issued 5—4 decision proves that.
The article also deals with approaches in competition law doctrine to defining the boundaries of product markets in which the owners of digital platforms are involved.