Russian competition law and economy最新文献_第6页

Legal Сonsequences of the Unlawful Provision of State and Municipal Preferences 非法提供国家和市政优惠的法律Сonsequences

Russian competition law and economy Pub Date : 2022-09-29 DOI: 10.47361/2542-0259-2022-3-31-22-27

I. P. Bochinin

引用次数: 0

Peculiarities of Market Analysis in the Retrospective Period in Solving the Problem of Preventing Violations of Antimonopoly Legislation 回溯期市场分析的特殊性在解决反垄断立法预防问题中的作用

Russian competition law and economy Pub Date : 2022-09-29 DOI: 10.47361/2542-0259-2022-3-31-30-37

D. V. Sidorov

{"title":"Peculiarities of Market Analysis in the Retrospective Period in Solving the Problem of Preventing Violations of Antimonopoly Legislation","authors":"D. V. Sidorov","doi":"10.47361/2542-0259-2022-3-31-30-37","DOIUrl":"https://doi.org/10.47361/2542-0259-2022-3-31-30-37","url":null,"abstract":"The author analyzes the provisions of the Procedure for analyzing the state of competition in the commodity market, approved by order of the FAS of Russia dated 28.04.2010 No. 220, and comes to the conclusion that, that in accordance with the Procedure for Market Analysis Methods in retrospective and prospective periods do not differ from each other, despite the fact that the market in the retrospective period is characterized by actual indicators, and the market indicators of the prospective period should include forecast elements. In essence, these are different markets with different structures and prices. Failure to take into account the specifics of these markets, in particular, the requirement of the Procedure on the application of the hypothetical monopolist test in the analysis of the retrospective period market, leads to a decrease in the level of validity of the analysis and does not meet the requirement of irrefutability, arising from the rule of Part 4 of Art. 45.1 of the Law on Protection of Competition, according to which the results of the analysis of the state of competition conducted in order, established by the federal antimonopoly authority, refer to written evidence in the case.The author concludes that it is necessary to make changes and additions to the Procedure that reflect the specifics of market analysis in the retrospective period.","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130520668","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

State Regulation in the Field of Public Procurement: New Challenges 政府采购领域的国家规制:新挑战

Russian competition law and economy Pub Date : 2022-09-28 DOI: 10.47361/2542-0259-2022-3-31-42-56

A. Matveeva, K. L. Meletidi

引用次数: 0

Features of Antimonopoly Regulation in the Hospitality Industry 酒店业反垄断规制的特点

Russian competition law and economy Pub Date : 2022-09-28 DOI: 10.47361/2542-0259-2022-3-31-38-41

S. Vasin, V. Kuzmina

引用次数: 0

The Need and Prospects for the Creation of a National Exchange of Secondary Resources 建立全国二次资源交易所的需要与展望

Russian competition law and economy Pub Date : 2022-06-29 DOI: 10.47361/2542-0259-2022-2-30-46-51

S. Belyaev, K. N. Parmenenkov

引用次数: 0

Practice of the FAS Russia Board of Appeal (Analytical Review of the Most Signifi cant Cases Considered in the 1st Quarter of 2022) FAS俄罗斯上诉委员会的实践(对2022年第一季度审议的最重要案件的分析审查)

Russian competition law and economy Pub Date : 2022-06-29 DOI: 10.47361/2542-0259-2022-2-30-84-89

M. I. Matyashevskaya, R. Z. Saydashev

引用次数: 1

Legal Aspect of Applying Price Parity Clauses by Digital Platform Owners 数字平台所有者适用价格平价条款的法律问题

Russian competition law and economy Pub Date : 2022-06-29 DOI: 10.47361/2542-0259-2022-2-30-74-83

A. Maslov

{"title":"Legal Aspect of Applying Price Parity Clauses by Digital Platform Owners","authors":"A. Maslov","doi":"10.47361/2542-0259-2022-2-30-74-83","DOIUrl":"https://doi.org/10.47361/2542-0259-2022-2-30-74-83","url":null,"abstract":"The article contains a legal analysis of the price parity clause. Its types from the point of view of Russian and foreign competition law. A number of decisions of Russian and foreign courts, antimonopoly regulators made on the basis of antimonopoly investigations against owners of digital platforms who used the clause on price parity in entrepreneurial activities were considered. A comparative analysis of these decisions was carried out to identify similarities and differences in approaches to the legal qualification of the actions of the owner of the digital platform on the use of the price parity clause. In particular, in the countries of the European Union, antitrust regulators and courts have qualified the relevant actions of the owner of the digital platform as a violation of the legislative ban on the conclusion of vertical agreements restricting competition. The Russian antimonopoly regulator and the courts qualify the actions of the owner of the digital platform as a violation of the ban on abuse of dominant position in the relevant commodity market.The article also considers the approaches of Russian and foreign competitive departments, courts to determine the boundaries of commodity markets, the participants of which are the owners of the digital platform.","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126425272","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

VAT Accounting when Justifying the Initial Maximum Contract Prices and the Principle of Competition Protection in the Contract System 确定合同初始最高价格时的增值税核算与合同制度中的竞争保护原则

Russian competition law and economy Pub Date : 2022-06-29 DOI: 10.47361/2542-0259-2022-2-30-60-67

G. Dobretsov

{"title":"VAT Accounting when Justifying the Initial Maximum Contract Prices and the Principle of Competition Protection in the Contract System","authors":"G. Dobretsov","doi":"10.47361/2542-0259-2022-2-30-60-67","DOIUrl":"https://doi.org/10.47361/2542-0259-2022-2-30-60-67","url":null,"abstract":"The article considers the issue of forming the initial (maximum) contract price (NMCC) related to the supplier’s expenses for paying taxes, fees, mandatory payments, logistics and other costs when purchasing goods (works, services) for state and municipal needs. One of the principles of the contract system is the principle of ensuring competition: the contract system in the field of procurement is aimed at creating a level playing field to ensure competition between procurement participants. For this purpose, value added tax (VAT) must be taken into account when justifying the initial (maximum) contract price. When forming a draft contract and signing it, it is clear that the contract price includes all taxes, including value added tax. If the winner of the procedure is a subject who does not pay value added tax (for example, due to a simplified taxation system) – the contract price is not reduced, it, as indicated in the Federal Law of April 5, 2013 № 44-FZ «On the contract system in the field of procurement of goods, works, services to meet state and municipal needs» (Law № 44), is firm. In this case, the tax amount will be the profit of the counterparty.Significant attention is paid to the study of procurement practices after a number of significant changes were made to Law № 44 in 2022.The purpose of the article is to develop recommendations for customers that allow making purchases with the greatest efficiency and number of participants (including by optimizing the calculation of the NMCC) to promote competition.","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132734436","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Russian Science as an Object of Unfair Global Competition 俄罗斯科学是全球不公平竞争的对象

Russian competition law and economy Pub Date : 2022-06-29 DOI: 10.47361/2542-0259-2022-2-30-28-39

L. P. Kleevа, S. Maksimov

{"title":"Russian Science as an Object of Unfair Global Competition","authors":"L. P. Kleevа, S. Maksimov","doi":"10.47361/2542-0259-2022-2-30-28-39","DOIUrl":"https://doi.org/10.47361/2542-0259-2022-2-30-28-39","url":null,"abstract":"The article is devoted to the analysis of the manifestations and consequences for Russian science of the phenomenon of monopolization by a narrow group of foreign economic entities (the collective dominant in the information technology sphere) of the global R&D markets, scientific publications and services that provide them, including services for access to aggregated scientific data and analytics, etc.).It is concluded that the key tool for monopolizing the relevant markets is lobbying the interests of the collective dominant in international organizations and state authorities representing the interests of competitors, establishing direct and indirect control over market entry barriers for all other participants.According to the authors, the bad faith of global competition on the part of foreign participants in collective dominance in relation to Russian scientific and educational organizations in the respective markets is manifested primarily in the absolute and relative «leakage» of the most qualified scientists and specialists from the country, as well as the results of scientific activity. This was facilitated by the introduction into the regulatory practice of the country of the so-called «international» standards of scientific publication activity, reporting, performance of scientific qualification works, global competition of economic entities in the scientific and educational sphere.The authors propose and justify a number of measures aimed at overcoming the dependence of Russian science and higher education on the negative impact of global unfair competition in the relevant field. The basis of these measures should be the development of a new national (mainly expert) system for assessing the effectiveness of scientific activities, the effectiveness of scientific and educational organizations, which would be focused on ensuring sustainable development, security and sovereignty of the country, strengthening the spiritual and moral health of the nation and increasing the well-being of its citizens.","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115275452","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

On the Impact of Constitutional Short Stories on the Development of Antitrust Regulation and Law Enforcement 论宪法短篇小说对反垄断规制与执法发展的影响

Russian competition law and economy Pub Date : 2022-06-29 DOI: 10.47361/2542-0259-2022-2-30-8-15

I. Bashlakov-Nikolaev

引用次数: 0