Review of Judicial Cases Involving the Competition Authority

2021 ◽  
pp. 88-91
Author(s):  
L. V. Vovkivskaya ◽  
E. V. Savostina
Keyword(s):  
Law Enforcement ◽  
Competition Authority ◽  
Dominant Position ◽  
Economic Entity ◽  
Antitrust Laws

Analysis of the legal positions of arbitration courts in cases of violation of antimonopoly laws in terms of consideration of issues: determination of the dominant position of an economic entity, abuse by regulated organizations, abuse of regional operators in the treatment of MSW, approaches to proving anticompetitive agreements.  Target. Development of uniform approaches in law enforcement practice in cases of violation of antitrust laws.

Analytical review of judicial cases considered with the participation of an antimonopoly body

2020 ◽  
pp. 92-95
Author(s):  
L. V. Vovkivskaya ◽  
E. V. Savostina
Keyword(s):  
Law Enforcement ◽  
Dominant Position ◽  
Economic Entity ◽  
Antitrust Laws ◽  
Antimonopoly Law ◽  
Analytical Review

The review contains an analysis of the legal positions of the arbitration courts in cases of violation of the antimonopoly legislation regarding the consideration of the following issues: an order of the antimonopoly body on transferring to the budget the income received as a result of violation of the antimonopoly law; non-payment of services received under the contract as an abuse of a dominant position; trust agreement as a condition for the admissibility of an anti-competitive agreement; claims of the antimonopoly body on forcing an economic entity to comply with the instructions of this body.Purpose: the formation of uniform approaches in law enforcement practice in cases of violation of antitrust laws.

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.

Analytical review of judicial cases involving antitrust body

2021 ◽  
pp. 90-93
Author(s):  
L. V. Vovkivskaya ◽  
E. V. Savostina
Keyword(s):  
Law Enforcement ◽  
Dominant Position ◽  
Economic Entity ◽  
Antitrust Laws ◽  
Analytical Review ◽  
Administrative Proceedings

Analysis of the arbitration court’s legal positions in cases of violation of antimonopoly legislation on the following issues: limitation period for the institution of administrative proceedings for merger deals, determining the dominant position of an economic entity, court actions against, Antimonopoly service warnings, administrative fines reductions, ways of proving anti-competitive agreements. Purpose: the formation of uniform approaches in law enforcement practice in cases of violation of antitrust laws.

Analytical Review of Judicial Cases Considered with the Participation of Antimonopoly Bodies

2021 ◽  
pp. 106-109
Author(s):  
L. V. Vovkivskay ◽  
E. V. Savostina
Keyword(s):  
Law Enforcement ◽  
High Price ◽  
Dominant Position ◽  
Antitrust Laws ◽  
Analytical Review

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.

scholarly journals Features and grounds of legal liability for abuse of monopoly (dominant) position in the market

2020 ◽  
pp. 27-32
Author(s):  
Tetiana MORHUNOVA
Keyword(s):  
Law Enforcement ◽  
Legal Liability ◽  
Economic Competition ◽  
Dominant Position ◽  
Economic Entity ◽  
The Subject ◽  
Business Entities ◽  
Improvement Of Legislation ◽  
Stable Development ◽  
Monopoly Position

Introduction. Issues of legal liability for abuse of monopoly (dominant) position in the market are quite relevant in connection with the dynamic development of legislation, as well as given the active law enforcement practice of the Antimonopoly Committee of Ukraine. In the current conditions, the necessary guarantee of stable development and functioning of domestic commodity markets and economic entities operating in them is the effective counteraction to the negative manifestations of monopoly. Among modern types of violations of the legislation on protection of economic competition by business entities, abuse of monopoly (dominant) position in the market is quite common. The purpose of the paper is to investigate the features and grounds for legal liability for abuse of monopoly (dominant) position in the market. Results. The criteria and conditions of monopoly position of business entities in a certain market are shown. The types of actions that constitute an abuse of the monopoly (dominant) position in the market and the types of prohibitions of this abuse are indicated. The results are summarized and the main directions of work of the Antimonopoly Committee of Ukraine are outlined. Important aspects of prosecution for violation of the legislation on protection of economic competition and the process of determining the monopoly (dominant) position of the subject in the market are highlighted. The most common types of abuse of monopoly (dominant) position in the market and the relevant types of legal liability are considered. The grounds for legal liability for abuse of monopoly position in the market, the object and subject of this offense are identified. Conclusion. The abuse of monopoly (dominant) position in the market should be considered as actions or omissions of the economic entity that holds a monopoly (dominant) position in the market, which have led or may lead to the prevention, elimination or restriction of competition. For committing an offense in the form of abuse of monopoly (dominant) position, the legislation provides for the application of legal liability of the following types: economic, legal and administrative, which can be applied in the form of fines and compulsory division. The basis for legal liability for abuse of monopoly position in the market is the establishment of factual, legal and procedural grounds. The purpose of legal liability for abuse of monopoly (dominant) position in the market is to prevent such negative manifestations in the economic sphere as unfair competition. Continuous development and improvement of legislation on protection of economic competition in combination with economic and organizational measures contributes to the creation of unified system and effective mechanism for combating the abuse of monopoly (dominant) position in the market, including through prosecution. The key function of the Antimonopoly Committee is not to fill the budget with fines, but to effectively protect economic competition, including through active advocacy for competition in Ukraine.

scholarly journals Legal means of antimonopoly regulation of entrepreneurial activity. Responsibility for violation of antitrust laws.

2020 ◽  
Vol 8 (3) ◽  
pp. 41-45
Author(s):  
Vladislav Belyay
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
Legal Research ◽  
Law Enforcement Agencies ◽  
Dominant Position ◽  
Antitrust Laws ◽  
The Russian Federation ◽  
Administrative Responsibility

The aim of this legal research is to analyze the legal means of antimonopoly regulation of entrepreneurial activity. In the course of the study, it was possible to find a number of problems in the use of legal means of antimonopoly regulation of entrepreneurial activity, as well as in the area of bringing to administrative responsibility for violation of antimonopoly legislation. To solve the above problems, the author suggests: 1. For a more effective fight against the abuse of a dominant position, it is necessary to apply tools of risk-oriented control 2. Create a mechanism for coordinating the actions of law enforcement agencies and antimonopoly authorities to identify the most dangerous offenses in the field of antimonopoly regulation. 3. Create a separate procedure for legal regulation of bringing to administrative responsibility for violation of antimonopoly legislation, separating these norms from the Code of Administrative Offenses of the Russian Federation into the current law on the protection of competition.

scholarly journals Analytical review of antitrust judicial practice (second half of 2019)

2019 ◽  
pp. 74-77
Author(s):  
L. V. Vovkivskaya ◽  
E. V. Savostina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Dominant Position ◽  
Judicial Practice ◽  
Antitrust Laws ◽  
Analytical Review ◽  
The Russian Federation ◽  
Administrative Responsibility

The review contains an analysis of the legal positions of the arbitration courts of the Russian Federation in cases of violation of the antimonopoly legislation regarding the consideration of the following issues: the primacy of antimonopoly control in relation to entities holding a dominant position; creation by the customer of unequal conditions for the participation of persons in procurement; inaction of the authority, leading to restriction of competition; creating benefits for a particular business entity during the procurement; repetition when brought to administrative responsibility. The purpose of the analytical review is the formation of uniform approaches in law enforcement practice in cases of violation of antitrust laws.

Analytical review of judicial cases considered with the participation of antimonopoly bodies

2020 ◽  
pp. 102-105
Author(s):  
L. V. Vovkivskay ◽  
E. V. Savostina
Keyword(s):  
Law Enforcement ◽  
High Price ◽  
Dominant Position ◽  
Antitrust Laws ◽  
Analytical Review

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.

Actual issues of valuation of businesses of the economic entity

2017 ◽  
Vol 31 (2) ◽  
pp. 156-162 ◽  
Author(s):  
O. V. Schneider
Keyword(s):  
Discount Rate ◽  
Accurate Prediction ◽  
Economic Activities ◽  
Business Valuation ◽  
Economic Entity ◽  
The World ◽  
Definition Of

The article summarizes the main approaches in the definition of business valuation the economic entity. In the process of business valuation, taking into account the risks of financial and economic activities necessary to obtain information on what stage the owner implements the business will receive income. The most difficult task is the impossibility of accurate prediction in determining the level of income and the determination of a discount rate capitalization of future incomes due to the instability of the economy, both in the country and around the world.

Excessive Pharmaceutical Pricing as an Abuse of Dominant Position – The Case of CD Pharma (Denmark)

2021 ◽  
Author(s):  
Behrang Kianzad
Keyword(s):  
Public Procurement ◽  
Economic Value ◽  
Pharmaceutical Market ◽  
Market Definition ◽  
Competition Authority ◽  
The European Union ◽  
Pharmaceutical Pricing ◽  
Relevant Market ◽  
Dominant Position ◽  
Abuse Of Dominant Position

Abstract On 31 January 2018, the Danish Competition and Consumer Authority adopted a decision1 finding the Swedish company generic distributor CD Pharma in breach of Art. 102(a) Treaty on the Functioning of the European Union (TFEU) by abusing its dominant position and having imposed excessive and unfair prices for the drug Syntocinon. The company increased the price of the drug by 2000% in the period April-October 2014 in the Danish pharmaceutical market. CD Pharma appealed to the Danish Competition Appeals Board,2 which on 29 November 2018 upheld the decision by the Authority. On subsequent appeal to the Danish Maritime and Commercial Court,3 the judgment by the previous court was upheld in a 3-2 decision on 2 March 2020, thus finding CD Pharma liable for infringement of Danish competition law as well as Art. 102(a) TFEU. The decision is final and not subject to further appeal. The case raises outstanding legal-economic issues regarding excessive pricing such as relevant market definition in pharmaceutical cases, the length of abuse, competitive price benchmarks, definition of economic value and the matter of dominance in public procurement and tenders. The case is rather unusual in that the alleged abusive period amounted to a six-month period, CD Pharma was the ‘losing’ party in the bidding process for the supply of the medicine in question, and CD Pharma subsequently had reduced prices through negotiations with the Danish central medicine procurer, Amgros. Similar to the Aspen Pharma decision4 by the Italian Competition Authority, where the Italian Medicine Agency (AIFA) reported the case to the Competition Authority, it was the Danish medicine procurer Amgros who had notified the Danish Competition and Consumer Authority about allegedly abusive practices. This subsequently led to an investigation and the adoption of the Decision. Following an introduction describing the Danish pharmaceutical market and specifics of the case, section two of this contribution details the proceedings at Danish Competition Authority. Section three depicts the proceedings at Competition Appeals Tribunal, and section four deals with the proceedings at the Maritime and Commercial Court. Section five concludes.

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