Topical issues of competition policy and antimonopoly regulation in the context of the implementation of the principle of social justice in the Russian Federation
Автор: Pravkin S.
Журнал: Вестник Академии права и управления @vestnik-apu
Рубрика: Теория и практика юридической науки
Статья в выпуске: 3 (52), 2018 года.
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This article analyzes the changes in the law on protection of competition as a part of the Antimonopoly package and considers the means of implementation of antimonopoly policy as well as the main criteria of monopolistic activity, the issues of realiza- tion of the Strategies of competition and antimonopoly regulation development and it studies the practice of anti-competitive agreements and connected actions in the market. The need to undertake measures of competition policy is considered from the point of view of the principle of social justice. Accordingly, the system of measures of antimonopoly regulation acts as a mechanism of social-legal balance and it is realizing the principle of equal access to the market and equal terms for obtain- ing goods, a service on it. The formation of this mechanism is associated with the improvement of structural-organizational ways to combat monoplolism in all its manifestation, using the mechanism of antimonopoly reorganization and association. There are offered measures of interaction of antimonopoly policy and law enforcement agencies. The conclusion related to the imperfection of the concept of connected actions is made on the basis of the analysis of the legislation, the practice of its application and generalization of scientific literature on this issue; the emphasis is on the need to update given concept. The article author notes the need to do differently between anti-competitive agreements and connected actions; the nature of replication of persistent offences, the system of measures of the FAS of Russia to counteract anti-competitive agreements are analyzed in this article. The considered mechanism of checking the validity of agreements in the field of joint activities is con- tributing to the distinction of prohibited and permitted actions between competitors on the other hand. Procedural measures to protect competitors are separately analyzed. A set of organizational-legal measures to modernize the competition law and practice of its application as well as the effective use of the financial-legal method as a means of implementing antimonopoly policy in accordance with the principle of social justice are proposed and generalized.
Competition law, antimonopoly service, economic agent, unfair competition, antimonopoly package, anti-competitive agreements, social justice
Короткий адрес: https://sciup.org/14120260
IDR: 14120260