Legal uncertainty correlating acts of antimonopoly authorities concerning the abuse of dominant positioning and acts of arbitral courts in consideration of civil legal disputes

2021 ◽  
pp. 40-45
Author(s):  
Ph. Ph. Kadymov
Keyword(s):  
Mutual Influence ◽  
Product Market ◽  
Dominant Position ◽  
Legal Uncertainty ◽  
Business Entities

A significant number of antitrust cases against company holding a dominant position on the product market, whose actions infringe upon both business entities, including representatives of small and medium-sized businesses, and an indefinite circle of persons, are implicated by the presence of civil disputes with applicants who have applied to the antimonopoly authority. The article analyzes the mutual influence of acts of antimonopoly authorities and acts of arbitration courts in the consideration of civil disputes and proposes a solution to the problem of legal uncertainty.

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.

Venture Financing As a Form of Interaction Between Small and Large Businesses

2021 ◽  
pp. 12-19
Author(s):  
A. Smirnova
Keyword(s):  
Market Economy ◽  
Mutual Influence ◽  
Maximum Efficiency ◽  
Business Sector ◽  
Venture Financing ◽  
Business Entities

The market economy is currently characterized by a high mutual influence of the activities of various business entities on each other. Cooperation between small and large businesses will allow both parties to achieve maximum efficiency. The article is devoted to the consideration of venture financing as a factor in ensuring the growth of the small and medium-sized business sector, particularly in the sector of innovation.

scholarly journals FINANCIAL CONSTRAINTS OF NON-FINANCIAL CORPORATIONS AS A FACTOR OF FINANCIAL STABILITY OF THE BANKING SYSTEM

2019 ◽  
pp. 5-14
Author(s):  
Olena Benzar ◽  
Aleksandra Laktionova
Keyword(s):  
Financial Stability ◽  
Financial Constraints ◽  
Mutual Influence ◽  
Supply And Demand ◽  
Banking System ◽  
Economic Relations ◽  
Access To Credit ◽  
Credit Cycle ◽  
Business Entities ◽  
Scientific Results

Introduction. Under the conditions of an active development of financial sector and the demand for expanding its capabilities by business entities there is a need to attract additional capital. It is a reason for finding a certain balance and arrangement of mutually beneficial economic relations. The phenomenon of financial constraints as the company's low ability to attract additional external capital plays a crucial role in modern non-perfect market. The searching for ways of expansion of access to credit by the non-financial corporate sector under the requirement of financial stability support of the banking system is a basis for building sustainable economic ties on the financial market and safe growth of the country's economy without propagating the asymmetric credit cycle. For such a cycle, the stage of recovery of supply and demand in the market is faster and more stable. Purpose. The justification of theoretical basis of the phenomenon of financial constraints and its key channels of interaction with the financial performance of the banking system and its financial stability. Results. The scientific results of work are the detection of the main channels of mutual influence of the financial constraints of non-financial corporations and the financial stability of banks, identification of directions for reducing financial constraints among economic entities in order to expand the possibilities for activating their economic development, that allows to increase the comprehensiveness of decisions on expansion of access to capital of banks and determine their impact on systemic financial risks and financial stability of the banking system in overall.

scholarly journals USE OF MONOPOLY RENT AS A BASIS FOR THE FORMATION OF THE EAEU BUDGET

2018 ◽  
pp. 307-314
Author(s):  
I. POVOD
Keyword(s):  
Member States ◽  
Dominant Position ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
The Republic ◽  
Business Entities ◽  
Monopoly Rent ◽  
Successful Integration

The article considers the problem of financing of the Eurasian Economic Union budget. The author propose the use of rent method for calculation of the size of the contributions of the EAEU member states. The burden of formation a budget between the member states of the Union is distributed in accordance with the ratio of the amount of monopoly rent received in the reviewed states. The application of the proposed method will be an establishing of more economically justified contributions. The author believes it will allow the Republic of Belarus to save several million dollars of budgetary funds per year. The article also reveals the discrepancy between the criteria for including business entities among companies that occupies a dominant position in the market of the EAEU member states. The correction of such discrepancy will contribute to improvement of overall Antimonopoly Policy and further successful integration of Union’s member states.

scholarly journals Dimensioning of Danger Zones Emerging as a Domino Effect of An Lng Explosion for Industrial Plants Located in the Vicinity of Inland Transport Fairways

2018 ◽  
Vol 1 (1) ◽  
pp. 73-79
Author(s):  
Agnieszka Kalbarczyk-Jedynak ◽  
Wojciech Ślączka
Keyword(s):  
New Technologies ◽  
Mutual Influence ◽  
Industrial Plant ◽  
Processing Plant ◽  
Security Measures ◽  
Domino Effect ◽  
Industrial Plants ◽  
Synergistic Approach ◽  
Business Entities ◽  
Lng Tank

Abstract The development of new technologies, the use and transport of LNG increases the number of investments that may mutually affect their safety on account of a domino effect. It means that a breakdown caused by one of the business entities may contribute to the escalation of a problem through thermal energy emission in another entity. The energy absorbed in an adjacent technological process line may cause irreparable damage despite the security measures employed. When planning an investment of a pioneering nature, one ought to consider not only the modern technologies used in a newly designed installation, but one must also pay attention to the direct neighbourhood of other industrial plants and the planned infrastructure, e.g. for gas transport or transhipment. Such a synergistic approach guarantees the safety of undertaken activities and ensures a stable, breakdown-free operation of all the business entities located in a given area. This paper discusses the issue of mutual influence exerted by two independent entities located within a small distance of one another, i.e. salt processing plant and a vessel transporting an LNG mixture. The authors considered a situation in which a breakdown occurs in an industrial plant and in which the released energy causes damage to a tank shell of an LNG carrying vessel on an inland fairway. In the examined situation the types of risks arising from LNG tank shell damage on-board an inland vessel were defined and the dimensions of the resulting danger zones were determined in a function of concentration of individual LNG components as well as the pressure and temperature generated inside the tank. The shape of the tank was also taken into consideration, since it affects fractioning in the course of the release of the substance accumulated in it. The analysis was conducted on the basis of DNV Phast 7.11 software.

Concretization or broader interpretation of the law? (New approaches to state regulation of foreign investment in strategic sectors of the economy)

2020 ◽  
pp. 90-94
Author(s):  
I. V. Akimova ◽  
K. B. Simakova ◽  
A. A. Anpilogov
Keyword(s):  
Foreign Investment ◽  
State Regulation ◽  
Foreign Investor ◽  
New Approaches ◽  
Strategic Type ◽  
Legal Uncertainty ◽  
The Law ◽  
Business Entities

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.

scholarly journals The Use of Blockchain Technology in the Implementation of Monopolistic Activities

2021 ◽  
Vol 16 (3) ◽  
pp. 52-61
Author(s):  
A. Yu. Churilov
Keyword(s):  
Competition Law ◽  
General Rule ◽  
Commodity Markets ◽  
Dominant Position ◽  
The Public ◽  
Limited Access ◽  
Blockchain Technology ◽  
Exchange Information ◽  
Business Entities ◽  
Abuse Of Dominant Position

The paper analyzes the possibility of using blockchain technology by economic entities in order to violate the norms of competition law, in particular the implementation of monopolistic activities. The author classifies blockchain systems into 4 main groups—public systems, limited access systems, private systems, and consolidated systems. The author considers the main types of monopolistic activity: the abuse of dominant position, coordinated actions of economic entities and anti-competitive agreements. The paper proposes a mechanism for assessing competition in commodity markets to identify the participant occupying a dominant position with due regard to the peculiarities of blockchain technology. The author evaluates some types of abuse of dominant position by using the blockchain technology. It is proposed to divide anti-competitive agreements and coordinated actions into two groups: actions undertaken against blockchain networks and actions undertaken using blockchain networks. The author concludes that the use of the public blockchain system to exchange information by competing business entities under the general rule will not constitute a violation of competition law.

scholarly journals PENGARUH STRUKTUR MODAL TERHADAP DAYA SAING PASAR PRODUK

2020 ◽  
Vol 14 (1) ◽  
pp. 65-73
Author(s):  
Bunga Nirwana Venda Rushpaka
Keyword(s):  
Capital Structure ◽  
Stock Exchange ◽  
Secondary Data ◽  
Product Market ◽  
Financial Statements ◽  
Manufacturing Companies ◽  
Dominant Position ◽  
Market Competitiveness ◽  
Size Growth ◽  
Positive Effect

Capital structure affects the competitiveness of the company's products. Increasing quickly in leverage will make companies easier to have sufficiently profitable capital in increasing company size, increasing investment, and helping companies determine a dominant position in the market. The purpose of this study was to study the interaction of capital structure on the market competitiveness of products in companies in Indonesia which were listed on the Indonesia Stock Exchange (IDX) during 2014-2018. The methodology used in this study is quantitative using secondary data consisting of financial statements of companies listed on the IDX. A total of 77 samples of manufacturing companies with regression analysis, using SPSS software version 22. Capital structure is determined by leverage, while product market competitiveness is taken with the Hefindahl Hirschman Index (HHI). There are three control variables in this study, profitability, size, growth. The results of this study indicate a significant positive effect between capital structure and product market competitiveness in industries in Indonesia.

scholarly journals Abuse of the Dominant Position with Predatory Pricing Strategy // Zloupotreba dominantnog položaja strategijom predatorskih cijena

2019 ◽  
Vol 9 (9) ◽  
pp. 226
Author(s):  
Aleksandar Bogojević
Keyword(s):  
Market Competition ◽  
Predatory Behavior ◽  
Legal Issues ◽  
Pricing Strategy ◽  
Predatory Pricing ◽  
Dominant Position ◽  
Eu Competition Law ◽  
Competitive Activity ◽  
Unacceptable Behavior ◽  
Business Entities

The abuse of a dominant position is a way of disrupting the market competition of business entities, which leaves heavy consequences on the market structure. One of the forms of abusing the dominant position is using the predatory pricing, as a strategy that is increasingly in practice today for the purpose to eliminate competition in a particular market and that practice is very difficult to prove. Through this work, attempts are made to determine the parameters that will distinguish the occurrence of normal market competition, where business entities eject their competitors from the market through their better and better quality products, from the predatory behavior, as a form of prohibited competitive activity. AKZO test as a basic test for determining predatory behavior is primary used to make a distinction between acceptable and unacceptable behavior. The rules on abuse of a dominant position by applying predatory prices, both in domestic and EU competition law, are also considered and analysed, as well as basic legal issues that are relevant for determining abuse using the predatory pricing strategy, particularly the issue of proving predatory behavior, as well as the question of justifying such behavior by calling to harmonize behavior with competitors’ behavior.

scholarly journals A Dominant Position as a Sign of Strategic Importance of an Economic Society

2021 ◽  
Vol 16 (11) ◽  
pp. 99-106
Author(s):  
V. A. Mazurenko
Keyword(s):  
Commodity Market ◽  
Communication Services ◽  
Dominant Position ◽  
State Security ◽  
Business Entities ◽  
Economic Concentration ◽  
Independent Criterion ◽  
Over Time

The paper analyzes regulatory legal acts governing implementation of transactions with securities, stakes,  property or rights in relation to business entities that occupy a dominant position in a certain commodity market. The paper examines the issues related to the possibility of recognizing a dominant position as a criterion for  classifying an economic society as an economic society of strategic importance for ensuring the country’s defense  and state security (hereinafter: strategic importance) using as an example legislative restrictions on implementation  of economic concentration in relation to organizations, providing communication services, port services, as well  as in relation to natural monopolies. Based on the results of the study, a conclusion is made about the validity of  modern approaches to establishing strategic importance of an economic society through the concept of a dominant  position that over time can be transformed to use the concept of a dominant position as an independent criterion  for establishing strategic importance of an economic society.

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