Antitrust Immunities and the Digital Economy: Topical Legal Aspects and the Limits of Permissibility

Abstract

The author examines the legal nature of antitrust immunities and their regulation in Russia and abroad. The analysis of doctrinal perspectives presented in the article is supported by high-profile cases of the Federal Antimonopoly Service of Russia, which shape enforcement practices and the evolving stance on the preservation or abolition of antitrust immunities in the context of a post-industrial society. The issue of abolishing antitrust immunities in relation to intellectual property rights will undoubtedly become one of the key topics of the «sixth antitrust package.» Preparations for lifting these immunities are already underway, taking into account the prevailing attitudes among practicing lawyers and members of the academic community. One of the central questions raised by experts in the course of studying this topic is the search for a balance between private and public interests within the realities of the digital economy. The article is highly relevant not only for practicing lawyers and consultants but also for experts in the field of antitrust regulation, as well as for anyone studying competition law as an academic discipline.