Problems of administrative liability for violation of the requirements for economic concentration

Abstract

The author analyzes problems of administrative liability for violation of merger control requirements. Based on the analysis of the main doctrinal and statutory definitions and signs of an administrative offense and administrative responsibility, the author analyzes the current composition of administrative responsibility in the field of merger control. the author proposes ways to improve the current legislation of the Russian Federation in the area under study, including by expanding the list of administrative offenses. Proposed amendments are designed to protect not only relations in the sphere of public order, which are expressed in the exclusivity of the competence of the antimonopoly authority to assess the impact of a transaction, other action on the state of competition in the process of merger review, but also competition itself as a public value in cases where controlled transactions (other actions) completed without the necessary consent of the antimonopoly authority lead to restriction of competition.