OPENING SPEECH
КОНКУРЕНТНОЕ ПРАВО
The article is devoted to the study of prerequisites for the codification of competition protection legislation.
The author starts from the history of competition law, which is divided into four stages, and comes to the conclusion that Russian competition law was formed after the transition of the Russian economy to the market and does not have continuity with pre-existing legislation.
The study of the current state of competition law allowed the author to draw a conclusion about the relevance of its codification. This conclusion is justified, in particular, by the considerable volume of regulatory material that is devoted to the protection of competition, its distribution on different legislative acts, as well as the presence of internal conflicts and inconsistencies in it.
The importance of the historical method in the research of all legal phenomena and processes have been highlight a long time ago — so even pre-revolutionary Russian jurists noted that history “indicates a natural cause of existing ugliness and all of this or that condition of criminal law, it states the source of its progressiveness, and provides data for the evaluation of both, old and new, theories and criminal law teachings”. Therefore, the current research and debate on the criminal liability of legal regulation of the problems of anti-competitive agreements should be anticipated by highlighting the evolution of the relevant norms, the development of which took place within the boundaries of three periods — pre-revolutionary, soviet and modern or post-soviet.
The author, referring to the original sources, presents the historiography of the evolution of domestic legislation in the field of criminal law protection of competition, and discovers the prototypes of current prohibitions on anticompetitive agreements and mechanisms for identifying such violations.
АНТИМОНОПОЛЬНЫЙ КОМПЛАЕНС
ЭКОНОМИЧЕСКАЯ ТЕОРИЯ КОНКУРЕНЦИИ
ИССЛЕДОВАНИЕ РЫНКОВ
ПРОБЛЕМЫ РАЗВИТИЯ КОНКУРЕНЦИИ
ЗАРУБЕЖНЫЙ ОПЫТ ИССЛЕДОВАНИЯ КОНКУРЕНЦИИ
The article examines the experience of the national audit office of the United Kingdom in conducting an audit of the effectiveness of budget funds aimed at providing medicines to English citizens. The reasons for the sharp increase in budget expenditures for providing the population with reproduced medicines in 2017—2018 are described in detail.
The article analyzes the shortcomings of the system of regulation of drug pricing procedures and the resulting risks to the budget of the national health system in United Kingdom.
It is concluded that the effectiveness audit has allowed us to identify not only the reasons for significant overspending of the NHS budget to provide the population with medicines, but also to assess the actions of organizations authorized by the UK Government to address issues of regulation of the pharmaceutical market.
ИНОСТРАННЫЕ ИНВЕСТИЦИИ
The article explores the new approaches of the Federal Antimonopoly Service to the application of certain provisions of the law on the control of foreign investment in business entities of strategic importance.
The question of the correlation of the concepts of “control” and “the possibility of blocking decisions” was examined, as well as the problems of legal uncertainty re mandatory preliminary approval of a transaction in which a foreign investor plans to purchase shares of a business entity that is related to the strategic type of activity.
The authors concluded that it is necessary and advisable to classify a business company as strategic based on legislation by its implementation of a type of activity that is adjacent to strategic.
TARIFF REGULATION
ПРАВОПРИМЕНИТЕЛЬНАЯ ПРАКТИКА ПО НАРУШЕНИЯМ АНТИМОНОПОЛЬНОГО ЗАКОНОДАТЕЛЬСТВА
The review provides an analysis of the legal positions of arbitration courts in cases of violations of antitrust laws committed by abuse of a dominant position, setting a monopolistically high price, and entering into anticompetitive agreements between bidders and customers; claims of the antimonopoly authority; practice reducing the size of the administrative fine for violations of antitrust laws.
Purpose: the formation of uniform approaches in law enforcement practice in cases of violation of antitrust laws.