State Control over Intra-Group Transactions of Assets of a Strategic Entity

Abstract

The article examines the current legal mechanism for monitoring the implementation of intra-group transactions and other actions within the framework of economic concentration; the possibility of applying the appropriate procedure when exercising state control over foreign investments in strategic business companies.The analysis of regulatory legal acts and international practice allowed the author to conclude that the introduction (by analogy with the Law on the Protection of Competition) of a notification procedure for a foreign investor to make transactions with assets of a strategic business company will not correspond to the objectives of control over foreign investments. In that connection the existing preliminary control seems to be the most effective.