No 3 (2018)
ИНТЕРВЬЮ НОМЕРА
ГОСУДАРСТВЕННАЯ ПОЛИТИКА В СФЕРЕ КОНКУРЕНЦИИ
16-20 206
Abstract
In today’s Russia there is an objective need for specialists in the field of competition law and antitrust regulation. Adoption of the relevant professional standard, as well as the inclusion of disciplines of competition law and antitrust regulation in federal state educational standards is a prerequisite for meeting this need. The draft professional standard “Specialist in the field of competition law”, developed by the FAS Russia in conjunction with the Association of Antimonopoly Experts and the Chamber of Commerce and Industry of the Russian Federation, was submitted for public discussion.
БОРЬБА С КАРТЕЛЯМИ
22-29 203
Abstract
Nowadays there is not only an increase in the number of cartels in Russia but also their qualitative transformation in connection with the “digitalization” of public relations. In this regard, efforts of the FAS Russia to collect evidence on new types of cartels are becoming more complex. To solve the emerging difficulties, the FAS Russia drafted a law project aimed at expanding its full powers, including authorizing the antimonopoly authority to seize documents and items. In the article, the authors carry out a comparative analysis of the proposed innovations with the authority to seize from other state authorities and give a critical assessment of the current version of the draft law.
32-36 197
Abstract
Аrticle contains an analysis of the changes in the approaches of the antitrust body to the consideration of cases on violation of Para 1 (2), Art. 11 of the Law on Protection of competition made by the conclusion of cartel agreements on tenders. Article describes the tendency to identify cartel agreements concluded by a stable group of economic entities, as well as the approach of the antitrust body to the evaluation of agreements concluded for the purposes of recognizing trades that have been held and are not subject to qualification under Para 1 (2), Art. 11 of the Law on Protection of competition (based on Clarification of the Federal Antitrust Service from May 30, 2018 No. 14 "On the Qualifications of Agreements of Business Entities Participating in the Trades").
ПРОБЛЕМЫ ПРИМЕНЕНИЯ АНТИМОНОПОЛЬНОГО РЕГУЛИРОВАНИЯ
38-43 214
Abstract
This article provides for a brief overview of certain antimonopoly aspects related to vertical agreements concluded in the area of sales through Internet. In Russia, the antimonopoly practice has started developing. The authors therefore suggest analyzing certain cases considered in foreign countries that may be interesting and useful for the companies engaged in sales through various Internet resources on the Russian market.
44-49 181
Abstract
The current article presents the issues related to the work of the collegial bodies of Federal Antimonopoly Service of Russia (FAS of Russia)on examination of appeals brought by the parties of antimonopoly disputes against decisions (orders) of territorial bodies and further appeal of such collegial bodies' decisions. The relevance of these issues is connected with the relative recency of this legal institute, as well as the absence of its detailed regulation and established regulatory enforcement practice. The institute for administrative appeals against decisions and (or) orders of the territorial bodies of FAS of Russia territorial bodies is widely used by business entities, since it allows to significantly shorten the time for resolution of a dispute without resorting to judicial review, which usually takes a long time. This article is a kind of supplement to the previously published "Comments on issues arising from the review by the FAS Russia's collegial bodies of the decisions and orders of the territorial bodies of the FAS Russia", prepared jointly by the experts of the FAS Russia and the Association of Antimonopoly Experts, and considers certain issues unaffected by these comments (standpoint of the authors of the article).
50-55 179
Abstract
In article authors present their analysis of key changes in antitrust legislation which are proposed today in sphere of merger control regime and share with their own view on these changes, including with comparison with foreign antirust legislation.
56-61 263
Abstract
One of the essential conditions of effective activity of the competition authorities is the exchange of confidential information, which is rather often performed in the foreign practice via implementation of waivers of confidentiality. Analysis of the foreign practice of implementation of waivers of confidentiality, proposals for the development of the competition legislation and FAS Russia enforcement practice in part related to implementation of waivers of confidentiality are formulated in the current article.
МЕТОДОЛОГИЯ ИССЛЕДОВАНИЯ РЫНКОВ
62-69 265
Abstract
This article is devoted to the consideration of the main features of the service as a commodity, the identification and identification of commodity boundaries of services under various economic and legal relations. When considering service markets, it is necessary to pay attention to their specific characteristics, ignorance of which or misinterpretation lead to research misconceptions. Specific examples of market definition, methodological approaches and specifics of determining the relevant service market for antitrust enforcement purposes are given.
70-73 95
ОБЗОРЫ МЕРОПРИЯТИЙ
ISSN 2542-0259 (Print)