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Russian competition law and economy

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No 3 (2025)
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OPENING SPEECH

TARIFF REGULATION

8-13 1
Abstract

The article provides a retrospective analysis of the key stages of the transfer of authority from the Federal Service for Tariffs (FST of Russia) to the Federal Antimonopoly Service (FAS of Russia) in the field of state tariff regulation, which took place starting in 2015. The article explores the main institutional, legal, and organizational aspects of the integration of the former Federal Service for Tariffs (FST of Russia) into the structure of the FAS of Russia, highlighting the achievements and future development of the system. The article also discusses the prerequisites and goals of the transformation of the Higher School of Tariff Regulation Center, which was established in 2017 at the Plekhanov Russian University of Economics and was transformed into the Higher School of Tariff Regulation Research and Methodological Center in 2021. The article also focuses on the activities of the Higher School of Tariff Regulation Center, which was established in 2017 at the Plekhanov Russian University of Economics and was transformed into the Higher School of Tariff Regulation Research and Methodological Center in 2021.

ТЕОРИЯ КОНКУРЕНТНОГО ПРАВА

14-23 5
Abstract

The article discusses current problems of the theory and practice of applying conciliation and conciliation procedures in the activities of the Federal Antimonopoly Service.
A conclusion is made about the current absence of clearly defined incentives for public authorities to participate in pre-trial settlement of disputes between economic entities, and a sufficient level of trust between them.
To solve this problem, it is proposed to use the experience of the FAS Russia in developing mechanisms for out-of-court resolution of disputes or conflicts, including the implementation of the RF Government Resolution of April 26, 2023 No. 662 adopted at the initiative of the antimonopoly regulator.
The author substantiates the need to introduce various models of conciliation and conciliation procedures into the practice of public administration, including mediation (adjudication) procedures with government bodies, judicial conciliation, post-tort agreements.

24-37 3
Abstract

The article examines the practical application of Russian “soft law” sources in the field of antimonopoly regulation and classifies them based on the types of subjects adopting these acts and the scope of persons to whom such acts apply. Based on the conducted analysis, the author proposes a classification of the reviewed “soft law” sources and concludes that when developing a “soft law” act, the key task is to formulate such a version of the act that will create an interest in its application for the economic entity, since the opposite may nullify the purpose of developing and adopting these acts.

LEGAL REGULATION OF COMPETITION PROTECTION

38-47 4
Abstract

The spread of platform aggregators contributes to the creation of more effective new trading solutions, develops the functioning of marketplaces, and expands opportunities for small and medium-sized enterprises (SMEs) engaged in entrepreneurial activities.

In the digital economy, platform models are actively used to form the interaction between sellers and buyers, optimize logistics and payment systems, as well as to create new IT products and digital ecosystems. Online trading is gradually replacing sales transactions in the traditional trading market. Accordingly, trends in the development of the platform economy actively affect changes in market conditions.
One of the key decisions was the adoption of Federal Law of 31.07.2025 No. 289 "On Certain Issues of Regulating the Platform Economy in the Russian Federation" (in terms of regulating the activities of digital platforms).
The author has accomplished a comprehensive analysis of the legal foundations that ensure the activities of business entities operating in the field of the platform economy, partners of digital platforms in connection with the sale of goods, the performance of work and the provision of services. The range of legal relations involving digital platforms has been defined that fall within the scope of civil, antitrust and trade law.

ANTITRUST ENFORCEMENT PRACTICES

48-55 4
Abstract

he purpose of the study is to clarify the content of the concept of exhaustion of exclusive rights. The article, taking into account doctrinal views on the content of the civil law principle of good faith and legal institutions of exclusive rights and property rights, examines the necessity and possibility of establishing the boundaries of exhaustion of the exclusive right to a trademark. During the study, a formal logical method was used, and based on the results of the research, a conclusion was made about the advantages of the international regime of exhaustion of exclusive rights.

56-61
Abstract

The author examines current judicial approaches to challenging decisions of the departmental appeal. Although the review of decisions and orders of the territorial offices of the FAS Russia by collegial bodies of the Service's central apparatus (the FAS departmental, or administrative, appeal) was introduced by the "fourth antimonopoly package," a number of issues related to challenging these appeal decisions were only recently resolved in law enforcement practice. A number of important questions regarding the judicial challenge of decisions made by the collegial bodies of the FAS Russia still remain unanswered.
Among the most pressing questions that, in the author's opinion, require answers are: the criteria for the so-called "new decision" of the departmental appeal, determining the subject of judicial review of a departmental appeal decision for legal grounds to challenge it and the corresponding act, in cases where such grounds are not confirmed.

STATE REGULATION OF THE ECONOMY

62-70 3
Abstract

At present, in the context of the new geopolitical and economic reality, a thorough methodological approach is required to make and implement management decisions related to reorganization processes in the economy and society. Such an approach should not least be based on institutional analysis, which includes, in particular, the study of changes in the institutional environment in various fields of activity. The article presents an analysis of transformation and other reorganization processes in the Russian institutional environment from the standpoint of the development of mechanisms and tools of public administration in the field of economics on the basis of some systematization. Specific examples of such transformations from Russian practice at the macro and micro levels are given.

72-77 2
Abstract

The institute of сoordination of economic activities of arbitration managers by selfregulating organizations during bankruptcy proceedings was researched taking into account the current practice of the antimonopoly authority.
The conclusion was made about the inadmissibility of an extended interpretation of the provisions of the bankruptcy legislation in establishing the provisions on an accreditation of persons engaged by arbitration managers.

EXPERIENCE OVERSEAS

78-87 6
Abstract

In recent years, a tendency has formed in the world for a significant number of growth in antitrust investigations against owners of digital platforms in order to limit their market power. Some rule-makers adopt special regulations that supplement the current legislation on the protection of competition in commodity markets with measures to limit the market power of digital platforms.
The article contains a legal analysis of the decisions of the European antimonopoly regulator against Apple, which were made in 2024. The first such investigation concerned the company's anti-competitive behavior when using the Apple Pay service and ended with a decision with voluntary obligations. The second is anti-competitive behavior when using the digital platform App Store. As a result, it was concluded that the company was abusing its dominant position and an administrative fine was imposed on it. The third investigation was carried out by the European antitrust communications authority with an alleged violation of the Digital Markets Act (DMA).

SCIENTIFIC COMMENTARY

88-95 2
Abstract

The article discusses the issues of regulating procurement activities in terms of defining and using the concept of reliability, which is used directly for the purpose of determining the person with whom the contract is concluded. Reliability as a concept significantly affects the choice of such a person, which determines the need to clarify the essence of this concept, clarify and improve the legal regulation of its use in procurement activities.

ОБЗОР

96-102 1
Abstract

The general summary provides a brief overview of the session “Development of the pharmaceutical market: access and affordability” held within the 4th Eurasian Economic Forum in Minsk on June 26, 2025. The discussion was based on the results of the study of the pharmaceutical sector of the EAEU conducted by the Department of Antitrust Regulation of the EEC. The sector requires constant monitoring and support measures from national and Eurasian regulators, taking into account increased requirements for the conditions of production and circulation of medicines, limited budgetary resources for the purchase of medicines, other rapidly changing factors, production technologies, growing demands of the medical community and consumers. The result of the session was a comprehensive assessment of the state of competition in the pharmaceutical sector of the EAEU.



ISSN 2542-0259 (Print)