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

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.

Sherman Act 1890: Modernization and Impact on Markets

The major purpose of the Sherman Act was to prevent mergers from forming monopolies. It ensures consumers are protected from price discrimination, and there is free competition. Several economists, classical economists, neoclassical economists, Chicago school and Harvard school, pointed out several antitrust laws. Classical economists led by Smith argued that monopolists set prices at higher prices and raise their charges higher through understocking the markets hence corporations and mergers should be prevented. Neoclassical economists developed a model which assumes that there are no barriers to entry whereby there is free entry to the market. Harvard school also advocated for free competition. Either, the Chicago school was against the idea of free competition and proposed some acts from the antitrust laws to be removed. However, with advancements in technology, the Sherman Act has become outdated and some languages used are held, making it a challenge to interpret in courts. There is a need for the antitrust laws to be reformed to fit the changing technology. Bills should be proposed to make improvements to the acts. For example, Klobuchar Amy, in April 2021, proposed a bill seeking to reform antitrust laws to better perfect competition in the American economy.

Prevention of Violations of Mandatory Requirements by Antimonopoly Authorities

The reform of control and supervisory activities of business entities, which has been going on for several years, is aimed at increasing the level of security and eliminating excessive administrative burden. At the same time, one of the fundamental principles formulated in modern management science states that prevention is more important than enforcement. In such circumstances, it is crucial to achieve the goals of the ongoing reform of control and supervision activities, such as the reorientation of control (supervisory) bodies from the detection and suppression of offenses to their prevention. The implementation of this direction is conducted through the introduction in various areas of a set of measures aimed at preventing violations of mandatory requirements. The purpose of the study is to systematize the forms and methods used by antimonopoly units to prevent violations. The methods include formal-legal, formal-logical, interpretation of law, as well as general scientific methods. According to the results of the study, the author concludes that the implementation of various forms and methods of state control directly aimed at preventing violations of mandatory requirements, such as preventive measures, administrative prevention measures, and preliminary control, plays an increasingly important role in the activities of antimonopoly authorities. The author has formulated proposals for improving the legal regulation and practice of preventing violations of mandatory antitrust laws by the antimonopoly authorities.

Review of judicial cases involving the competition authority

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.

“I see something you don’t see”: A computational analysis of the Digital Services Act and the Digital Markets Act

In its latest proposals, the Digital Markets Act (DMA) and Digital Services Act (DSA), the European Commission puts forward several new obligations for online intermediaries, especially large online platforms and “gatekeepers.” Both are expected to serve as a blueprint for regulation in the United States, where lawmakers have also been investigating competition on digital platforms and new antitrust laws passed the House Judiciary Committee as of June 11, 2021. This Article investigates whether all stakeholder groups share the same understanding and use of the relevant terms and concepts of the DSA and DMA. Leveraging the power of computational text analysis, we find significant differences in the employment of terms like “gatekeepers,” “self-preferencing,” “collusion,” and others in the position papers of the consultation process that informed the drafting of the two latest Commission proposals. Added to that, sentiment analysis shows that in some cases these differences also come with dissimilar attitudes. While this may not be surprising for new concepts such as gatekeepers or self-preferencing, the same is not true for other terms, like “self-regulatory,” which not only is used differently by stakeholders but is also viewed more favorably by medium and big companies and organizations than by small ones. We conclude by sketching out how different computational text analysis tools, could be combined to provide many helpful insights for both rulemakers and legal scholars.

Features of exercising control over economic concentration: the experience of Russia, France and USA

The relevance of the topic is due to the comprehensive development of digital technologies and the need for timely legal regulation of new phenomena of public life. Digitalization is not only rapidly penetrating all sectors of the economy, but is a trigger for the creation of qualitatively new economic relations. The digital transformation of the economy and markets, in addition to objective advantages, also carries negative consequences. Negative manifestations are possible in the monopolization of commodity markets. Antitrust laws are changing in line with the expansion of digital markets. The article identifies the main obstacles to regulating monopolies in the digital economy. The practice of antimonopoly regulation of digital platforms is considered. The tasks of adopting the fifth antimonopoly package as expanding the scope of the Federal Law On Protection of Competition are outlined. In addition, the concept of economic concentration is analyzed, as well as signs of restricting competition when considering transactions in its conditions. Particular attention is paid to differences in approaches to regulating the digital market in Russia, France and USA. A comparative analysis of the antimonopoly legislation of Russia, France and USA, types of economic concentration, regulations for control over concentrations at the level of different jurisdictions has been carried out. The phases of control over economic concentration, the powers of the antimonopoly authorities, the assessment of criminal encroachments on competition are considered in detail.

Analytical Review of Judicial Cases Considered with the Participation of Antimonopoly Bodies

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.

On Some Issues of Legal Regulation of the Pharmaceutical Retail Market: the Concept of “Pharmacy Chains”, Special Antitrust Laws and Control Mechanisms

Competition in the pharmaceutical market is a necessary factor providing an opportunity for citizens to purchase quality goods at affordable prices. Regulation of competitive relations in the market in question can and should have its own characteristics. Opposing monopolization of the retail market by pharmacy chains, setting “reasonable” prices, providing preferential treatment for Russian manufacturers in the promotion of goods are the issues that the legislator should pay attention to when improving regulation of this industry product market.

Analytical review of judicial cases involving antitrust body

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.

Review of Judicial Cases Involving the Competition Authority

Analysis of the legal positions of arbitration courts in cases of violation of antimonopoly laws in terms of consideration of issues: determination of the dominant position of an economic entity, abuse by regulated organizations, abuse of regional operators in the treatment of MSW, approaches to proving anticompetitive agreements. Target. Development of uniform approaches in law enforcement practice in cases of violation of antitrust laws.