Chimera of domestic antitrust: Institute of collective dominance in Russia

2021 ◽  
pp. 68-88
Author(s):  
A. E. Shastitko ◽  
K. A. Ionkina
Keyword(s):  
Law Enforcement ◽  
Market Analysis ◽  
Legal Norm ◽  
Economic Regulation ◽  
Dominant Position ◽  
Oligopoly Theory ◽  
Russian Version ◽  
Competition Law Enforcement ◽  
Abuse Of Dominant Position ◽  
Collective Dominance

The paper defines the features of the collective dominance institute in Russia as well as the relation between collective dominance and oligopoly in the spheres of law and economic theory. The article evaluates the grounds and consequences of the collective dominance legal norm application; it suggests an approach to examining the relation between effects and expected results of this legal norm application and outlines the potential ways to harmonize the best international practices of the collective dominance norm application with the existing economic standards of product market analysis for the purpose of competition law enforcement. Results of the oligopoly theory and the Russian version of collective dominance institution key elements comparison show: the collective dominance institution concept is inadequately applied to identify individual abuse of dominant position due to possible law enforcement errors. The Russian version of collective dominance institution reflects one fundamental tendency intrinsic to Russian antitrust: examined more closely, law enforcement, which is de jure aimed at protecting competition, appears to be economic regulation, which de facto can lead to competition restriction. One of the possible structural alternatives for the collective dominance institution reforming is based on presumption of the need to analyze the joint impact exerted by a group of undertakings on the market.

Part II The Member State Reports on Transposition of the Directive, 4 Cyprus

2018 ◽  
Author(s):  
Ioannidou Maria
Keyword(s):  
Law Enforcement ◽  
Member State ◽  
Competition Law ◽  
The State ◽  
Parent Company ◽  
Private Enforcement ◽  
Dominant Position ◽  
Binding Force ◽  
Competition Law Enforcement ◽  
Abuse Of Dominant Position

This chapter examines how the Antitrust Damages Directive has been transposed in Cyprus. It begins with a discussion of the transposition procedure, focusing on the Cypriot competition regime as well as the state of private enforcement in Cyprus. In particular, it provides an overview of the law currently in force against anticompetitive agreements and abuse of dominant position, the Protection of Competition Law of 2008 (13(I)/2008), as amended in 2014 (Law 41(I)/2014) (Cypriot Competition Act), and the provisions relevant to private competition law enforcement. The chapter then considers the history and the different steps of the transposition process before describing the scope of the transposition measure. It also analyses the different provisions of the Cypriot Damages Act and issues that arose during the transposition, such as parent company liability, the binding force of decisions of competition authorities of other Member States, and presumption and quantification of damage caused by cartels or other antitrust infringements.

Companies’ interaction in the markets of joint productsin the context of the antitrust law enforcement

2017 ◽  
pp. 58-70 ◽  
Author(s):  
A. Shastitko
Keyword(s):  
Game Theory ◽  
Law Enforcement ◽  
Soviet Union ◽  
Production Process ◽  
Production Technology ◽  
Theory Model ◽  
Dominant Position ◽  
The Soviet Union ◽  
Joint Products ◽  
Abuse Of Dominant Position

The article considers the particularities of the relations between companies in the markets of joint products in Russia. These particularities correspond, first, to the production technology, when one input through unit production process gives several products; second, to the consequences of the privatization of production facilities created during the Soviet Union period. The article offers a game theory model that shows how companies may use antitrust authority in their interaction strategies. This in addition to other reasons might explain the amount of cases on the abuse of dominant position where companies, which produce joint products, are involved.

scholarly journals Collective and Multi-Subject Dominance in the Market: Problems of Legislation and Law Enforcement

2018 ◽  
Vol 5 (3) ◽  
pp. 134-145
Author(s):  
I V Bashlakov-Nikolaev
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Commodity Market ◽  
Dominant Position ◽  
Collective Dominance

The article explores the concept of collective dominance, discusses the theory and practice of recognizing collective dominant position in the commodity market and abuse of collective dominant position in the commodity market, as well as the differences between collective dominance and agreements, coordinated actions restricting competition. The analysis of the doctrinal understanding of collective domination is carried out, the most significant judicial positions on issues of abuse of collective dominant position are summarized and studied. Conclusions and theoretical statements that can be used to improve legal regulation are formulated.

Review of judicial cases involving the competition authority

2021 ◽  
pp. 102-106
Author(s):  
L. V. Vovkivskaya ◽  
E. V. Savostina
Keyword(s):  
Law Enforcement ◽  
Foreign Investor ◽  
Competition Authority ◽  
Dominant Position ◽  
Antitrust Laws ◽  
Abuse Of Dominant Position ◽  
Administrative Responsibility

Analysis of the legal positions of arbitration courts in cases of violation of antitrust laws in terms of consideration of issues: exceptions to the patent monopoly, approaches to proving anticompetitive agreements, establishing the fact of being under the control of a foreign investor, abuse of dominant position, bringing to administrative responsibility in the absence of representatives of the person involved. Target: developing uniform approaches in law enforcement practice in cases of violation of antitrust laws.

scholarly journals УНАПРЕЂЕЊЕ ПОЛИТИКЕ ЗАШТИТЕ КОНКУРЕНЦИЈЕ У РЕПУБЛИЦИ СРБИЈИ

TEME ◽  
2017 ◽  
pp. 785
Author(s):  
Ivan Đekić
Keyword(s):  
Law Enforcement ◽  
Competition Policy ◽  
Competition Law ◽  
Current Development ◽  
Narrow Sense ◽  
Dominant Position ◽  
Policy Competition ◽  
Abuse Of Dominant Position ◽  
And Control ◽  
Made In

In the study the author observes and analyzes the current development of competition policy in Serbia and gives recommendations for improvement of this policy. Competition policy is seen in the narrow sense, and is concerned with the field of protection and prevention of distortion of competition, or the field of restrictive agreements, abuse of dominant position and control of concentrations. The aim of the study is to provide guidelines for development of competition policy of Serbia. Progress of competition policy is seen through improvements made in the area of competition law and strengthening institutions that implement laws. The results of the competition policy of Serbia are identified and analyzed through relevant international indicators and data from domestic and foreign reports. The conclusion of the author seen in the study is that the progress done in competition policy in Serbia is unsatisfactory and that this policy is ineffective. The aforementioned imposes the need to improve the domestic competition policy, which is the following: a change of focus and approach of competition policy; redefining the key areas of distortion of competition in the law; strengthening law enforcement institutions; and a better promotion of competition policy.

A Solution to the Problems? Regulation 1/2003 and the modernization of competition procedure

2003 ◽  
Vol 1 (2) ◽  
pp. 107-135 ◽  
Author(s):  
Frank Montag ◽  
Andreas Rosenfeld
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Basic Principles ◽  
Radical Reform ◽  
Competition Law Enforcement ◽  
Ec Competition Law

Abstract On 16th December 2002 the Council adopted Regulation (EC) No. 1/2003 on the implementation of rules on competition laid down in Articles 81 and 82 of the Treaty. This Regulation will not only replace the 40-year-old Regulation 17/ 62 but constitutes a radical reform of EC competition law enforcement. The purpose of this article is to analyse the basic principles of the new Regulation and the implications for current and future competition proceedings.

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