Article includes some issues regarding implementation of the National Plan of competition development including sectoral specific features of competition development. Key achievements in this sphere are mentioned. Author analyses specific features of antitrust regulation regarding state unitary enterprises. Key issues regarding the firth digital antitrust pack of laws are on focus as well as key developments of antitrust law caused by the need to opposite sanctions from unfriendly states. These developments are connected with moratorium on inspections, simplifying merger clearance proceedings, switching from pre closing clearance to post closing state aid notification regime. Author analyzes also other antimonopoly regulation development in current economic conditions. 

The article includes study of antitrust authorities’ prescription legal consistence including comparison with other legal enforcement mechanisms, especially with legal lability. Author presents the results of FAS practice analysis, the ways which were used by the regulator to indicate violations connected with abuse of dominance and during antimonopoly control of economic concentration. The author substantiates that the mechanism of administrative penalty itself is the mechanism of punishment but legal enforcement to change the behavior of the economic entity to provide competition can only be achieved by the effective remedies included in prescription. In this way the author believes Competition authority prescriptions is the key mechanism in antitrust regulation and shares his views regarding the development of such mechanism. 

The author is critical of the understanding of competition law as an industry that restricts entrepreneurial activity. On the contrary, the article shows that the absence of competition law as a complex system of legal norms leads to a restriction of entrepreneurial freedom — monopolization and cartelization of the economy.

The author wonders why the protection of competition required the use of legal means, and did not remain the lot of economic policy? What is the meaning of the formation of competition law as a complex system that ensures the effectiveness of the market economy?

In search of an answer to these questions, the author comes to the conclusion that the law regulates antimonopoly policy, makes it understandable and predictable for all participants in civil turnover. However, the analysis of the essence of law carried out by the author allowed us to come to additional conclusions showing that competition law, by setting limits on the freedom of subjects of regulated relations, is a system of norms aimed at ensuring the freedom of market participants. 

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. 

The article is devoted to the research of the main directions of development of the antitrust compliance of an economic entity as a new institution of competition law. The author analyzed scientific approaches to the introduction of the antitrust compliance system into the structure of corporate governance of commercial corporations, as well as the guidelines of the US Department of Justice and the European Commission. Particular attention in the article was paid to the analysis of key regulatory legal acts and established practice of the FAS Russia in this area. It is argued that antitrust compliance is an integral element of the corporate governance system aimed at reducing the antitrust risks of an economic entity and forming a legal culture of compliance with antitrust requirements by its employees. It is argued that voluntariness is the basis for the implementation of an effective system of antitrust compliance, which corresponds to generally accepted approaches that exist in world practice. The consequences of independent disclosure of a violation by an economic entity by applying the antitrust compliance system in the form of exemption and mitigation of administrative responsibility are determined. 

The problem of abuse of use of a dominant position by the subjects of retail electricity markets — grid organizations, guaranteeing suppliers when conducting checks of subscriber metering devices, drawing up acts on unmetered electricity consumption, drawing up invoices for payment of the volume of identified unmetered consumption was studied.

The concept of unaccounted consumption of electric energy is given, frequent violations by professional participants in the wholesale electricity markets are identified when unaccounted consumption of electric energy is detected. The Review of Judicial Practice on Disputes on Payment for Unaccounted Consumption of Water, Heat and Electricity Supplied via the Connected Grid, approved by the Presidium of the Supreme Court of the Russian Federation on December 22, 2021, was analyzed, namely, the possibility of its application by antimonopoly authorities as part of the consideration of cases of abuse of position, an analysis of the practice of applying this review at the present time was carried out. At the end, it was concluded that this review partly determined the necessary changes to the legislation on the electric power industry.

The growth of the scale of business in the modern world leads to the inevitable processes of concentration of capital, which, in turn, strengthens the position of large corporate associations in various industry and geographical markets. Large corporations and their associations are becoming major players in various markets. As a result, a significant number of small companies are taken over or squeezed out of the markets by large players. The article presents current trends in the development of antimonopoly regulation in relation to corporations, provides examples of the most high-profile litigation relating to violations of competition law. The authors analyze the current state of the Russian antimonopoly legislation in terms of the definition of corporate associations, highlight the directions of development in relation to corporate associations. The importance of developing a system of internal compliance with the requirements of the antimonopoly legislation is noted, and the positive and negative aspects of the voluntariness of the introduction of such a system are also indicated. It is proposed that antimonopoly compliance be mandatory for large corporations. Mitigation of liability if the corporate association has antimonopoly compliance, 

The article deals with the problems of legal qualification of the forms of behavior of economic entities known under the literary names of competitive intelligence and industrial espionage.An analysis of the current Russian legislation shows that in the domestic legal space there are no independent legal concepts of competitive intelligence, as well as industrial espionage. However, both the first and the second take place at the level of actual In order to establish their relationship with the legal concept of unfair competition, a model is proposed, which is based on an objective criterion for the availability of information transmitted, collected or stored for the purpose of transmission. According to this approach, all the specified information can be in three independent modes: public mode, confidentiality mode (limited access mode), secrecy mode (special access mode).Each of these modes can be characterized in terms of the presence or absence of access to various kinds of information resources allowed by the owner of the relevant information.In addition, the article contains critical assessments of certain norms of the current legislation and the position of individual specialists in the field of competitive intelligence. 

In recent years, e-commerce platforms have been growing rapidly. It stresses necessity to introduce Russian antimonopoly legislation that takes into account the peculiarities of the digital economy. Due to the fact that China is one of the world leaders in the field of e-commerce, this paper discusses the Antimonopoly Guidelines for Platform Economy of the PRC adopted in 2021. The authors analyze the practice of the State Administration for Industry and Commerce on the example of the Alibaba Group case, and identify signs indicating the dominant position of the e-commerce platform: the financial and technological capabilities of the platform, the number of sellers and consumers registered on it, the ability of the platform to collect and analyze data about users, transactions, logistics, payments. Based on the conducted comparative legal research, authors introduced recommendations for amending Russian legislation. 

Based on the analysis of materials of law enforcement practice on the issue of imposing additional insurance services on the borrower at the conclusion of a loan agreement, the most typical cases of violation of the borrower’s rights regarding compliance with their right to refuse additional insurance services, including life and/or health insurance of the borrower, have been identified; providing the borrower with a consumer loan on the same terms if the borrower has independently insured his life, health/ other insurance interest in favor of the lender from the insurer that meets the criteria established by the lender in accordance with the requirements of the legislation; refund to the policyholder of the insurance premium paid in case of refusal of the policyholder from the voluntary insurance contract, etc.

The article proposes at the legislative level to fix the bank’s obligation to reflect in lending documents information about the full cost of the loan with the presence of risk insurance, as well as information about the full cost of the loan without the purchase of insurance services, and, accordingly, the consolidation of this right in the insurance policy, which will give the relationship between the bank and the borrower more transparency. 

Based on the analysis of the provisions of the listed legal norms of the Law “On Subsoil” and taking into account law enforcement practice, as well as the opinions of scientists, certain features of antimonopoly regulation in the field of subsoil use are highlighted in comparison with the general provisions regulating relations related to the protection of competition. Thus, the peculiarities of the legal status of the participants in the relations are noted; special rules for the coordination of transactions, other actions entailing the establishment of control of a foreign investor or a group of persons over business entities of strategic importance; the possibility of refusing to accept an application for participation in an auction or an application for the right to use subsoil without an auction; the presence of special antimonopoly requirements established in Article 17 of the Law “On Subsoil”.

Examples of law enforcement practice reflecting the application of the subsoil legislation on antimonopoly regulation are given. The opinions of various authors on the issues of antimonopoly regulation in the field of subsoil use are also given. Separate proposals aimed at improving legislation have been formulated. In general, antimonopoly regulation in the field of subsurface use has sufficient features, which requires a systematic approach to substantiating and developing proposals for further improvement of legal regulation in this area of public relations. 

Based on the analysis of legislation, the practice of its application and scientific literature, this article reveals some aspects of state control of economic concentration in commodity markets, including the categories of state control and economic concentration, highlights various approaches to the definition of the concept of “transaction execution” in antimonopoly legislation and makes specific proposals on this matter. In particular, the implementation of the transaction is proposed to be understood as the commission, not the execution of the transaction. In addition, the term “transaction” can be interpreted not as binding, but as an administrative legal fact, which has both negative and positive aspects. The positive aspects of this approach include the fact that a number of administrative transactions could be made without the consent of the antimonopoly authority, and this practice could entail the challenge of not the entire contract as a whole, but only part of it. In conclusion, the article notes that the key feature of antimonopoly legislation is the possibility of transforming traditional institutions of civil law into the sphere of public law. 

This article contains an analysis and assessment of digital evidences used by the Federal Antimonopoly Service of the Russian Federation in anticompetitive agreement cases, such as an e-mails of the parties of agreements, electronic documents, equal IP or MAC address, and data from the Big Digital Cat parametric program.

This article also contains description of the possible methods and arguments in order to confirm the good faith of companies’ actions against digital evidence collected by the Federal Antimonopoly Service of the Russian Federation.

This article addresses the issue of correlation between antitrust law rules, establishing prohibition of concerted actions and abuse of collective dominance. By considering the regulatory and enforcement aspects of the issue, the author concludes that the analyzed norms’ spheres of regulation overlap. The author proposes measures capable of creating a clearer distinction between the two legalconcepts in question. 

In the article, the author analyzes the issue of whether the actions of the corporation’s participants to change its charter in order to redistribute corporate control over it fall under the merger control. This issue is relevant because there is no unambiguous answer to it both in legislation and in law enforcement practice. The author, analyzing the provisions of the current legislation and the practice of the antimonopoly service on the coordination of transactions of economic concentration, offers two approaches to solving the identified problem. The article substantiates that the preferred approach is the one that extends the provisions on the merger control to the actions of the participants of the corporation to amend the charter of such a corporation.

The article analyzes the provisions of the Federal Law of 31.07.2020 “On mandatory requirements in the Russian Federation”. It is proposed to supplement the principles of establishing mandatory requirements specified in the law with the principles of controllability of the requirements and succession. The said law details the requirements established by the regulatory legal acts of the Government of the Russian Federation, the federal executive authority or an authorized organization, that is, determines what information should be contained in the mandatory requirements. It is concluded that the rules formulated here also apply to laws. The content of mandatory requirements, the law includes restrictions, prohibitions, duties. It is argued that prohibitions and restrictions are not the content of the requirements, but the ways of their formulation. The law provides for the establishment of an experimental legal regime in which non-compliance with mandatory requirements is permissible, refusal to obtain permits for licensed activities. The opinion is expressed that compliance with the requirements of technical regulations for product safety should be observed in the interests of preserving the life and health of the population under the conditions of the experimental legal regime.