Analytical Review of Court Cases Considered with the Participation of Antimonopoly Authorities

Author(s):  
L. V. Vovkivskaya ◽  
E. V. Savostina

Analysis of the legal positions of arbitration courts in cases of violation of antimonopoly legislation regarding the consideration of issues: the statute of limitations for bringing to administrative responsibility, the grounds for refusing to provide state preference, the consideration of complaints about the actions of bidders/operators carried out during the mandatory procedures applied in the bankruptcy case.Objective: to develop uniform approaches in law enforcement practice in cases of violation of antitrust laws.

Author(s):  
L. V. Vovkivskaya ◽  
E. V. Savostina

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.


Author(s):  
L. V. Vovkivskay ◽  
E. V. Savostina

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.


Author(s):  
L. V. Vovkivskaya ◽  
E. V. Savostina

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.


2020 ◽  
Vol 8 (3) ◽  
pp. 41-45
Author(s):  
Vladislav Belyay

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.


Author(s):  
L. V. Vovkivskaya ◽  
E. V. Savostina

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.


Author(s):  
L. V. Vovkivskaya ◽  
E. V. Savostina

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.


Author(s):  
L. V. Vovkivskay ◽  
E. V. Savostina

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.


1996 ◽  
Vol 13 (4) ◽  
pp. 497-517
Author(s):  
Abdel Rahman Ahmed Abdel Rahman

Public bureaucracies, a general term including government agenciesand departments in the areas of public utilities, social services, regulatoryservices, security, and law enforcement, are indispensable to our welfare;we need them for the provision of these basic services. To provide theseservices, bureaucracies need such resources as power and money. Thepower of bureaucracies is compounded by their virtual monopoly of technicalexpertise, which puts bureaucrats at the forefront of public policymaking.Indispensable to our welfare though they are, public bureaucracies alsopose a potential threat. In view of the technical knowledge they have andtheir consequent important role in policy making, they may dominate publiclife. In other words, they may develop into a power elite and, as a result,act as masters of the public rather than as its servants. More disturbingly,they may not use the public trust to serve the public or respond to its needs.Still more disturbingly, they may breach the public trust or abuse the powerentrusted to them.All of these possibilities have given rise to a widespread fear ofbureaucracy. In some societies, this fear has reached pandemic levels.Fear of bureaucracy is not unwarranted; there is a consensus and concernin administrative and academic circles that the degree of bureaucraticaccountability has declined in both developed and developingcountries. A central issue with public bureaucracy has always beenhow to make it behave responsibly or in the public interest. Despite aplethora of mechanisms for ensuring administrative responsibility orbureaucratic responsiveness, many public bureaucracies may still be unresponsive and unaccountable ...


2020 ◽  
Vol 12 ◽  
pp. 75-91
Author(s):  
К. А. Pisenkо ◽  

This review based on a scientific and practical study of the practice of courts in cases arising from the control of economic concentration, focuses on the current problems of law enforcement in the implementation of antimonopoly control and supervision activities and offers directions and approaches to improving law enforcement practice.


2021 ◽  
pp. 94-98
Author(s):  
E. A. Inshakova

The author analyzes the current problems in the division of administrative responsibility for violation of fire safety rules in the case of several subjects of an administrative offense, provided that all actions to comply with fire safety rules were assigned to other persons in the performance of civil contracts. The problem lies in the fact that currently there is a law enforcement practice, based on which, regardless of the imposition by the owner of the property of the obligation to comply with the rules in the field of fire safety on other subjects of civil legal relations, administrative responsibility can still be applied to the owner of the property. The novelty of the study is that the paper for the first time formulated a position on the full transfer of the obligation to comply with fire safety requirements from the owner of the property to other persons, guided by the primary right of the owner to dispose of the property at his discretion.


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