Preview

Courier of Kutafin Moscow State Law University (MSAL))

Advanced search
No 9 (2017)
View or download the full issue PDF (Russian)

EXPERT OPINION

15-28 443
Abstract
The article consists of investigation of specific sectoral elements of competition law. The Author indicates the list of public relations, included in matter of competition law and analyzes legal instruments of regulation of such public relations, used for protection and development of competition.

VECTOR OF LEGAL SCIENCE

29-37 322
Abstract
He article describes the history of formation of the legislation for protection of competition in Russia. The target on protection of free competition appears in the legal field in the 17th century. However, there was no common assessing of competition and monopoly in the early 20th century in the Russian science. After the events of 1917 the attitude to competition were mainly negative. Started the process of organizing the system of state monopoly. The beginning of the modern phase of development and protection of competition started by some legislative acts of the USSR that were adopted in 1989-1990.
38-41 198
Abstract
The article discusses the necessity and feasibility of a format of the Eurasian Economic Union (EEU) of the open international agreement on the fight against cartels, including transnational. The characteristic of the key problems which, according to the author, it is necessary to decide if adoption agreement (the Anti-Cartel Convention). In particular these issues include: the unification of the basic concepts used for the purposes of anti-cartel enforcement administrative-legal and criminally-legal means; the transformation of evidence obtained in the case of an administrative offense the cartel, evidence on the criminal case about the cartel; section of the assets confiscated by court decision in cases of cartels, in proportion to the damage (harm) caused to all injured parties, for the purposes of reimbursement of such damage (harm). Formulate specific proposals for amendments to the Treaty on the EEU for the purpose of acceptance of anti-cartel Convention. The article addressed to interested business associations, representative, executive and judicial bodies of the EEU and the member states of the EEU, lawyers and economists specializing in the field of antimonopoly control, teachers, graduate students of legal and economic institutions.
42-47 701
Abstract
This article analysis an extensively debatable theoretical issue of the relationship between the concepts of an abuse of a dominant position and an abuse of rights. As a result of the analysis, the author concludes that those concepts are distinct, and qualification of certain actions (the failure to act) as an abuse of a dominant position excludes the possibility of their qualification as an abuse of rights.
48-56 234
Abstract
Authors analyze the comparison between market behavior and use of intellectual property rights, indicate the specific features of competition analysis at digital markets, verifying the powers of national competition authority. Using the example of both foreign and Russian practice authors illustrate the use of rule of reason to the license practices, giving their ideas how to make an effective investigation.
57-61 251
Abstract
The article is devoted to the electronic (digital) evidence of the cartel in the course of public procurement. The analysis of statistics and practices. Selected traditional and new methods of detection of cartels during the course of public procurement. Describes the conditions and characteristics of their use.
62-73 224
Abstract
This article deal with the features of the competition law in the countries of the Balkan region. This article analyzes approaches to regulation of prohibitions on abuse of dominant position, anticompetitive agreed practices, liability for violating competition law, and the status of government competition authorities are analyzed. Comparison of the experience of the Balkan countries with Russian competition law leads to the conclusion that there is a significant similarity between them, but at the same time, there are significant differences in the more stringent sanctions for opposing competition authorities in the framework of the investigation of offenses, as well as a more developed and transparent system for applying the mitigation program (Leniency).
74-80 305
Abstract
The paper studies different types of efficiency losses resulting from monopolistic activity. Their description is complemented by an analysis of their link to the goals of antitrust policy, as well as some practical issues of calculating antitrust damages. The paper shows that the way that we define the losses due to monopolistic activity affects a multitude of practical considerations, ranging from optimal sanctions to the justification of government intervention.
81-92 382
Abstract
Using the examples of judicial and law enforcement practice in the article are given the proposals to change the legislation in part of special regulation of the definition and requirements for advertising on the Internet.
93-100 222
Abstract
The powers of the competition authority appeal to the court are at a certain stage the only effective mechanism to stop the violation and to restore the balance of relations and the rights of participants of civil turnover, for example, in cases where the contract by results of the tender concluded. Goals and objectives for the treatment of Antimonopoly service in court with the specified requirement associated with public values for the protection of competition.

TRIBUNE FOR YOUNG SCIENTIST

101-106 177
Abstract
The present article concerns on some issues of interpretation and qualification of coordination between state and local bodies, and also between enterprises and state and local bodies. Point of view about impossibility state (local) bodies to coordinate because of their irrelevance to market is given. That is why we made a conclusion that features of coordination which are given in antimonopoly legislation concerns only to activity of enterprises, not to activity of state and local bodies. The structure «coordination» means performing the same, similar actions, but this is possible only when actors have an single status. State body and enterprise have different structure, aims and missions, coordination about market activity between them is impossible.
107-115 550
Abstract
In the article are analyzed the bases of legal regulation of natural monopolies with a view to reforming of the latter. The results of the analysis indicate that a functioning of the holders of natural monopolies based on the rights and freedoms established by the Constitution of the Russian Federation in respect of the economic activity. Besides the holders of natural monopolies play a social role therefore a legal regulation of their functioning is focused on an ensuring of the state's social obligations. The fundamental principle of a legal regulation of a functioning of the holders of natural monopolies is to define a reasonable effort of an abridgement of an economic freedom in order to an exercising the social obligations.
116-125 242
Abstract
The article is devoted to the research of the concepts of the system of internal compliance with the requirements of the antimonopoly legislation with an emphasis on review of official guidelines of antimonopoly authorities of foreign jurisdictions. The cases concerning companies in which the implementation of the system of internal compliance with the requirements of the antimonopoly legislation was taken into account by the antimonopoly authorities as a circumstance mitigating responsibility in the course of cases, as well as reaching an amicable agreements.
126-136 292
Abstract
The article contains a review of the evolution of merger control in the United States. The author begins the review with the description of the Sherman Act and the Clayton Act - the first US antitrust laws, describes the further amendments to these laws, and describes the case law related to their application.

ВИЗИТНАЯ КАРТОЧКА

LAW IN HISTORICAL REFRACTION. Legal Monuments

ЮРИДИЧЕСКОЕ НАСЛЕДИЕ

ИЗ ПЕРИОДИКИ ПРОШЛОГО

ПОСТСКРИПТУМ КОПИРАЙТ ОРАТОРА



Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)