OPENING SPEECH
ГОСУДАРСТВЕННАЯ ПОЛИТИКА В СФЕРЕ КОНКУРЕНЦИИ
The article considers the main challenges of applying antimonopoly legislation to intellectual property objects, as well as proposes mechanisms for improving antimonopoly regulation in the modern economic.
ТЕОРИЯ КОНКУРЕНТНОГО ПРАВА
The article analyzes the problem of improving antitrust regulation of digital ecosystems. The beginning of the antimonopoly regulation of digital markets in Russia was laid by the Federal Law of 10.07.2023 No. 301-FZ "On Amendments to the Federal Law "On Protection of Competition". According to the author, the legal mechanisms enshrined in this Law are not enough to ensure a systematic approach to regulating the digital economy and, in particular, digital ecosystems.
The objectives of the work are: analysis of doctrinal approaches to the essence and content of the digital ecosystem; justification of the need for further legislative work in the field of supplementing existing antimonopoly requirements in terms of regulating the activities of business entities in digital markets. The author proposed a definition of the concept of a digital ecosystem, taking into account the needs of antitrust regulation.
The author gives a general characteristic of the institute of commitments, and also consider the question of the legal nature of this institute and its correlation with the institute of warning and settlement agreements on public disputes.
According to the results of the study the author has formed two approaches to the definition of the institute of commitments. In the narrow sense — as a procedural document that realises the right of the defendant to settle the dispute with the antimonopoly authority. In a broad sense — as an administrative agreement between the antimonopoly authority and the defendant, which facilitates the decision to drop the case.
The author also proved the originality of the institute of obligations in national competition law.
БОРЬБА С КАРТЕЛЯМИ
The institute of obstruction of inspections by the antimonopoly authority in identifying agreements restricting competition was researched taking into account the amendments to the Code of Administrative Offences of the Russian Federation that entered into force on August 19, 2024.
It was concluded that the new Article 19.43 of the Administrative Code of the Russian Federation, which strengthened responsibility for obstructing inspections of the antimonopoly authority, took into account the increased public harmfulness of anticompetitive agreements in comparison with other administratively punishable violations of antimonopoly legislation and provided for a higher fine for this violation, depending on the financial situation of the person, which was checked.
STATE AND MUNICIPAL PREFERENCES
The article provides a scientific and practical analysis of the antimonopoly prohibition on discrimination in relation to agriculture in connection with the open nature of additional requirements for subsidy recipients in accordance with the decrees of the Government of the Russian Federation that came into force in March 2024. Attention is focused on the source of subsidies (federal or regional) as the most important aspect when deciding on the presence or absence of signs of violation of antimonopoly legislation in connection with the condition on the place of registration of subsidy recipients.
As a result, the author comes to the conclusion that it is inadmissible to solve the problems of ensuring the economic and social well-being of regions by creating unequal conditions for economic entities and proposes an alternative to the condition on the place of registration of subsidy recipients in favor of the condition on the place of their registration with the tax authority.
CONTROL OF FOREIGN INVESTMENT
The article considers some issues of limiting foreign participation in strategic sectors of the economy, including as part of measures to influence (counteract) unfriendly actions of foreign states.
Based on the analysis of legal norms, the author formulated criteria for determining the “nationality” of an investor, used to determine the conditions for admission of foreign persons to economic activities on the territory of the Russian Federation, control and other corporate rights in relation to business entities of strategic importance for the economy, national defense and state security.
The investor's “nationality” affects the timing, procedure for consideration and decisionmaking within the framework of regulatory approvals of transactions for the acquisition of assets of Russian business entities and the termination of participation rights in such companies.
COMMODITY AND FINANCIAL MARKETS
The article analyzes the state of the energy balance and the prospect of its change, taking into account the development of market mechanisms and the phased liberalization of prices for electric energy (capacity) as a result of the accession of the ECO of the East to the second price zone of Siberia. According to the author, a low level of competition in the electricity production market can create a threat of market degradation and lead to an increase in prices for electricity and all energy-intensive products. For balanced development, it is necessary to stimulate the growth of renewable energy in the region, taking into account the economic parameters of technological solutions and favorable climatic conditions of the Far Eastern Federal District.
ОБЗОРЫ
The general summary provides a brief overview of the International Research-to-Practice Conference "Digital Markets in the EAEU: Relevant Matters of Research, Antitrust Regulation and Legal Support", held on November 20, 2024 at Lomonosov Moscow State University and chaired by Maxim Ermolovich, EEC Minister in charge of Competition and Antitrust Regulation.
The Conference was organized by the Competition and Antitrust Regulation Unit of the Eurasian Economic Commission and the Faculty of Law of Moscow State University in order to improve the efficiency and scientific validity of the implementation of the general principles and rules of competition set down in the Treaty on the Eurasian Economic Union in the context of the modern digital economy.