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Russian competition law and economy

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No 1 (2024)
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OPENING SPEECH

STATE REGULATION OF THE ECONOMY

8-17 121
Abstract

The article examines the place of science in modern society and its role as a source of true innovations, an activator of the scientific and innovative process, as well as its significance for society as a whole and its social development. The possibilities of domestic science to activate the innovation process in Russia, increase the efficiency of social production and the level of well-being of the population, as well as in the development of other aspects of social development of society are considered. It is concluded that the position of science in modern Russian society does not allow it to meet the tasks of increasing the efficiency of the functioning of the national economy and improving the well-being of society, taking into account its security

18-33 134
Abstract

The main regulatory legal acts regulating the management of science in Russia,
the transition from predominantly short- and medium-term planning of scientific, technological and technical development to long-term planning are considered. Despite the developed regulation in this area, issues of control over the implementation of decisions made, distribution of responsibility for failure to achieve set goals, and assessment of the effectiveness of the activities of scientific employees have not received proper answers.
A comparative study of the financial aspects of state policy in the scientific field was carried out (including the structure of internal costs for R&D, the main indicators of science financing). Trends have been identified in the reduction of both the volume of funding for fundamental research, both in relation to GDP and in absolute terms, taking into account inflation (in constant 2000 prices), and in the number of enterprises involved in the financing and conduct of research and development.
It is concluded that the concentration of government efforts on supporting applied research is not effective enough. Given Russia's leading position in the world in terms of the volume of government funding for R&D carried out by the business sector, the latter's share in the total volume of financing of domestic R&D costs has not increased.
Hypotheses are formulated about the reasons for the insufficient effectiveness of the state policy of financing science and recommendations for eliminating them

ТЕОРИЯ КОНКУРЕНТНОГО ПРАВА

34-42 241
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

БОРЬБА С КАРТЕЛЯМИ

44-50 301
Abstract

Topical problems of conducting unscheduled field inspections by the antimonopoly body in order to identify anti-competitive agreements, including cartels, were considered.
The need to expand the powers of the antimonopoly authority during unscheduled field inspections and increase the amount of the administrative fine for obstructing the implementation of inspections by the antimonopoly authorities is justified

52-61 136
Abstract

The legal consequences of failure to provide information at the request of the antimonopoly authority during the investigation of anti-competitive agreements are considered based on the analysis of the competition and related legislation and relevant law enforcement practice.
The law institute of obligation to provide information and administrative liability for failure to provide the requested information are considered.
According to the results, it seems advisable to consider the issue of the legislative establishment of the administrative-legal norm on liability for repeated intentional failure to provide information to the antimonopoly authority

ЗАКУПКИ И ТОРГИ

62-68 166
Abstract

The current approaches of the collegial bodies of the Federal Antimonopoly Service to the consideration of cases of violations of antimonopoly requirements for trading, request for quotations of prices for goods, request for proposals established by Art. 17 of the Federal Law of 26.07.2006 No. 135-FZ "On Protection of Competition" (hereinafter referred to as the Law on Protection of Competition).
The positions of the collegial bodies of the FAS Russia are of particular importance both for territorial antimonopoly bodies and for courts in cases of violations of antimonopoly laws and, of course, make a significant contribution to the development of antimonopoly law enforcement practice and maintaining its uniformity.
In order to analyze the current positions of the Federal Antimonopoly Service of Russia on various issues of antimonopoly law enforcement in the most comprehensive and needs-based law enforcement practice, a number of cases examined by the collegial bodies of this department in the second half of 2023 were studied

ОБЗОРЫ

70-83 141
Abstract

The review contains an analysis of the legal positions of the Central Office of the Federal Antimonopoly Service of Russia based on the results of assessing the legality and validity of decisions and definitions in cases of administrative offenses.
The purpose of the analytical review is to form uniform approaches in the law enforcement practice of antimonopoly bodies in cases of administrative offenses



ISSN 2542-0259 (Print)