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Russian competition law and economy

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No 1 (2022)
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EDITOR’S COLUMN

STATE ENFORCEMENT POLICY

8-15 249
Abstract

The article discusses the legal positions of the Supreme Court of the Russian Federation for a number of interrelated issues about the group of persons and prohibiting the anticompetitive agreements set out in the Resolution of its Plenum № 2 «On some issues arising from the application of the courts of antimonopoly legislation» of March 4 2021. The author off ers answers to numerous questions that have arisen in connection with the application of these legal positions, based on the analysis of the current legislation of the Russian Federation and the current law enforcement practice.

АНТИМОНОПОЛЬНЫЙ КОМПЛАЕНС

16-22 337
Abstract

The second part of the analytical review is devoted to the study of the practice of implementing the antitrust compliance institute, carried out in order to identify and manage the risks of violation of antitrust laws, including the prevention of these violations, by business entities in the People’s Republic of China, Mexico, the Republic of Korea, Singapore, the USA, France, Chile and the Republic of South Africa.
Special attention is paid to the structure of compliance programs, as well as the potential benefi ts that the modem can get to the business in case of successful implementation of the antitrust compliance system, including the possibility of mitigating liability in case of an antitrust off ense committed by an economic entity.

ЭКОНОМИЧЕСКАЯ ТЕОРИЯ КОНКУРЕНЦИИ

24-29 359
Abstract

The authors defi ne the basic determinants of the market power of the buyer in terms of economic theory and economic policy. Based on a review of domestic and foreign literature, the factors contributing to the strengthening of the market power of the buyer are described; the results of the infl uence of the dominant buyer on the redistribution of surpluses and the emergence of social welfare costs are considered; the main directions of economic policy to control the market power of the buyer are determined.

STATE REGULATION OF THE ECONOMY

30-47 516
Abstract

The article presents the results of approbation of the Methodological recommendations of the Ministry of Industry and Trade of Russia on the preparation of proposals for the Government of Russia on the inclusion of certain goods in the list of goods subject to mandatory labeling by means of identifi cation (Order of the Ministry of Industry and Trade of Russia dated February 25th, 2021, No. 626).
According to the results of approbation of Guidelines No. 626, the share of illegal trade in chocolate and chocolates in Russia in 2019 (on the eve of the COVID-19 pandemic) was estimated at 2% of the volume of the corresponding market; sugar confectionery products — in 6% (3.6% on average for the indicated groups of confectionery products).
Based on a preliminary assessment of the state of the Russian confectionery market in 2021, this assessment should be maintained. This conclusion generally agrees with the results of studies on the quality of certain types of confectionery products commissioned by ANO “Roskachestvo “ in 2017—2020, as well as global studies on counterfeit trade initiated by the OECD and the European Union Intellectual Property Offi ce in 2017— 2019 and posted on the OECD website on June 22, 2021.
The fi ndings of the study diff er signifi cantly from estimates of the level of fakes among individual subgroups of confectionery products that are currently common on the Internet. The article provides predictive estimates of the cost of codes for the purposes of introducing labeling of confectionery products and a likely increase in the amount of additional tax revenues as a result of the introduction of control and accounting marking of the national digital marking system of the “Honest Sign” system.
The shortcomings of Methodological recommendations № 626 were identifi ed and considered, proposals for their elimination were formulated.

48-55 364
Abstract

The article is devoted to the problems of the scientifi c and technical support management provided by specialized organizations during the process of state regulation of industrial safety. The article considers the phenomenon of industrial safety regulation as ensuring the state of protection of national interests within the framework of the concept of sustainable development. The institute of regulatory impact assessment is considered in the article as a key element of the system of eff ective state regulation. The study analyses various types of science and technology support organisations (STSOs) in Russian and international jurisdictions, their place and assigned role. The rigour of state regulation of industrial safety and the eff ectiveness of SSTIs is assessed. The paper focuses on an analysis of the IAEA’s approach to providing support for industrial safety regulation from a science and technology perspective, and the importance of involving support organisations in this process. Based on the study, recommendations in the fi eld of industrial safety are formulated and the eff ects of the involvement of scientifi c and technical support organisations are highlighted. The recommendations presented by the author are substantiated by references to the world practice of scientifi c and technical support organization and the results of the review of scientifi c publications of other authors on the stated issue. The results of the study will be of interest to specialists in the fi eld of industrial safety management, regulatory impact assessment and provision of scientifi c and technical support

DEVELOPMENT OF СOMPETITION

56-61 376
Abstract

The practice was investigated and problems of implementation of investment programs in the Russian Federation by resource-supplying organizations were identifi ed. Statistics of investment results for 2020 are given. The article highlights some problems with the implementation of investment programs by regulated organizations.

62-65 150
Abstract

The article provides comments on the proposed theoretical model of the “roadmap” for the development of competition in the fi eld of science and recommends basic approaches to improve public policy in the fi eld of science; substantiates the weak eff ectiveness of the existing domestic science management system as a state function; the recommendations aimed at the formation of a new state policy are argued, including the potential for digital transformation of the state function of science management as a system, which provides for: the development and application of modern methodology of development strategy management; the introduction of project and process approaches in the implementation of projects within the framework of the strategy; the development and implementation of digital platforms and services that ensure the management and monitoring of the implementation of state policy, taking into account the requirements of the antimonopoly authorities.

STATE PROCUREMENTS

68-79 299
Abstract

The legislation of Russia on the contract system in the fi eld of procurement of goods (including works, services) for state and municipal needs establishes the features of procurement not only by types of products (goods in general, works, services, real estate objects, leases), but also within each type.
In the purchasing algorithm of the customer, when purchasing any product, an important place is occupied by the description of the object of purchase, which aff ects the result of the purchase and determines its effi ciency and eff ectiveness. The legislator establishes a wide scope of application of the catalogue of goods, works, services to meet state and municipal needs (KTRU), thereby unifying and simplifying the description of procurement objects, while introducing antimonopoly compliance, on the other hand, the effi ciency of resource use and the principle of purchasing innovative products and, fi nally, the customer’s needs require him to carefully and qualitatively describe the subject of procurement with the application of a suffi cient number of requirements In 2022, signifi cant changes entered into force in the Federal Law “On the Contract System in the Field of Procurement of Goods, Works, Services to Meet State and Municipal Needs” dated April 5, 2013 No. 44-FZ, including with regard to the formation by the customer of requirements for procured products. The scientifi c novelty of the work is the study of this aspect of procurement in the context of a change in legislation. The work uses general scientifi c methods of research: comparison, analysis and the method of expert assessments.
The purpose of the article is to develop a system of rules for the purchase of goods (using the example of purchasing paper for offi ce equipment), on the basis of which law enforcement customers can form procurement features for other product groups.
Recommendations are given in terms of the description of the procurement object, the choice of the procurement method, the application of the national regime, which will allow the customer to make the purchase as effi ciently as possible and without violations.

ОБЗОР

80-85 185
Abstract

Analysis of the legal positions of arbitration courts in cases of violation of antimonopoly laws regarding the consideration of issues: the statute of limitations for bringing to administrative responsibility, the implementation of a land plot bypassing competitive procedures, violations in digital markets, mitigating circumstances in administrative proceedings.
The aim is to develop uniform approaches in law enforcement practice in cases of violation of antitrust laws.

ENFORCEMENT PRACTICES



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ISSN 2542-0259 (Print)