No 1 (2018)
ЗАЩИТА И РАЗВИТИЕ КОНКУРЕНЦИИ
6-10 194
Abstract
The article is devoted to the analysis of the main provisions of the Decree of the President of the Russian Federation No. 618 of December 21, 2017, which marks a new stage in the formation of the state policy of developing competition in Russia. The basic directions of the development of Russia's competition are considered as a key condition for the development of the national economy, the efficient functioning of markets, the maintenance of the rights and legitimate interests of consumers. The main provisions of the National Competition Development Plan approved by the relevant act of the head of state are examined and proposals are made to ensure the implementation of this Plan.
12-30 274
Abstract
Тhe purpose of this article is to highlight and study the problems that are when designing and implementing the goals and objects of building the digital Economy,laws of development of the intellectual property market in the context of competitiveness of the Russian economy, science and scientists. The author conducts a study on the basis of the comparative legal and economic analysis, statistical Surveys, methods analogy, scientific forecasting and modeling. It is concluded that today the Russian state actually finances innovative development of foreign countries from the taxpayer's pocket, often to the detriment of its own national interests. Forecast of consequences of development of the economy based on export of knowledge and import of technologies, and recommendations on replacement of information indicators of scientific activity with indicators of economy of intellectual property are given. The author substantiates the proposals to extend the legislative ban on unfair competition associated with the use of the results of intellectual activity (RID) in the introduction of such goods (works, services), as well as on the circulation of intellectual property and introduce into the practice of Antimonopoly regulation and evaluation of the integrity of intellectual property market subjects competition index (the ratio of the number of patents and the share of patent sales).
КОНКУРЕНЦИЯ НА ЦИФРОВЫХ РЫНКАХ
36-41 272
Abstract
The realities of digital economy make international competition community to face chal- lenges that require rapid adaptation. Effects of large hi-tech companies’ activity are still too hard to witness and to forecast. It is, however, obvious now that not only informa- tion, but also infringements of antimonopoly legislation are spreading at the speed of sound. This paper observes such important for antimonopoly regulation phenomena, as big data, digital platforms and network effects, sharing economy.
АНТИМОНОПОЛЬНЫЙ КОНТРОЛЬ
42-49 294
Abstract
The article studies the problems of classification of the public antitrust control. The sci- entific grounds of criteria of differentiation of the public antitrust control by types, forms and methods is offered, specific features of separate types of the public antitrust control are revealed.The classification of types of the public antitrust control offered by the author can used for the purposes of optimization of structure of antimonopoly authorities, their powers, system of objects of control, practice of control activity.
НОРМАТИВНО-ПРАВОВОЕ РЕГУЛИРОВАНИЕ КОНКУРЕНЦИИ
50-53 194
Abstract
The article gives a critical analysis of the shortcomings of the Federal Law of July 21,2005 No. 115-FZ "On concession agreements" in comparison with the comparable provi- sions of Federal Law No. 44-FZ of 05.04.2013 "On the contract system in the procure- ment of goods, works, services to ensure state and municipal needs ", taking into account the practice of concluding concession agreements in the Republic of Bashkortostan.A proposal is made to bring the legislation on concession agreements in line with general procurement legislation.
САМОРЕГУЛИРОВАНИЕ В ЗДРАВООХРАНЕНИИ
54-61 167
Abstract
The article deals with the practice, problems and prospects of the Institute of self-reg- ulation in the field of private medicine. The experience is Great Britain and France in the field of self-regulation. The assessment of the key provisions of the Concept of im- proving the system of self-regulation in the Russian Federation, approved by the order of the government of the Russian Federation of December 30 2015 № 2776-p, and the bill on amendments to the Federal law "About the self-regulating organizations" pre- pared in pursuance of the order President of the Russian Federation of October 13, 2017№ PR-2071.
ПРАКТИКА ПРАВОПРИМЕНЕНИЯ
62-67 490
Abstract
The article contains an analysis of the problems of initiation and consideration of criminal cases on the basis of Art. 178 of the Criminal Code on the grounds of the conclusion of cartel agreements. The authors have identified the need to introduce a number of amendments in Art. 178 of the Criminal Code, as well as the need to develop common methods for calculating the amount of damage and income received as a result of the conclusion of the cartel agreement.
ЗАРУБЕЖНЫЙ ОПЫТ В РЕГУЛИРОВАНИИ КОНКУРЕНЦИИ
70-76 277
Abstract
Over the past 20 years, the Act against Restraints of Competition in Germany has been repeatedly adapted to changing market conditions. In particular, the guidance from the European Union has led to extensive reforms. This article is dedicated to the ninth and most recent amendment dated 09.03.2017, which was accompanied by a vivid politi- cal debate. The amendment is primarily a response to the progressive digitalization of markets. Thus, the competition law of Germany becomes the first regime in the world to provide rules for the digital economy.In addition, the amendment provides for significant changes regarding the imposition of antitrust penalties, actions for damages and ministerial approval of mergers. In the case of damages claims, the reason for the amendment was the transposition of European Direc- tive No. 2014/104/EU. Generally, the legislator addressed the shortcomings, which arose during the practical application of the law. This article provides an overview of the signifi- cant modifications to the Act against Restraints of Competition in Germany, in view of its latest amendment, and considers the legal consequences of those modifications.
ISSN 2542-0259 (Print)