Russian competition law and economy最新文献

{"title":"Administrative and Judicial Practice of Dealing With Disputes Arising from the Right to Repair Restored Parts (Analytical Review)","authors":"G. V. Zavarzin, E. S. Komnatnaya, E. E. Korotaev, А. N. Kulbertinova, E. A. Oleksenko, K. A. Katantseva","doi":"10.47361/2542-0259-2022-1-29-86-91","DOIUrl":"https://doi.org/10.47361/2542-0259-2022-1-29-86-91","url":null,"abstract":"<jats:p>.</jats:p>","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133469757","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}

{"title":"Creation by the Customer of Requirements for the Procurement Facility: New in the Law on the Contract System Procurement","authors":"G. Dobretsov","doi":"10.47361/2542-0259-2022-1-29-68-79","DOIUrl":"https://doi.org/10.47361/2542-0259-2022-1-29-68-79","url":null,"abstract":"The legislation of Russia on the contract system in the fi eld of procurement of goods (including works, services) for state and municipal needs establishes the features of procurement not only by types of products (goods in general, works, services, real estate objects, leases), but also within each type.In the purchasing algorithm of the customer, when purchasing any product, an important place is occupied by the description of the object of purchase, which aff ects the result of the purchase and determines its effi ciency and eff ectiveness. The legislator establishes a wide scope of application of the catalogue of goods, works, services to meet state and municipal needs (KTRU), thereby unifying and simplifying the description of procurement objects, while introducing antimonopoly compliance, on the other hand, the effi ciency of resource use and the principle of purchasing innovative products and, fi nally, the customer’s needs require him to carefully and qualitatively describe the subject of procurement with the application of a suffi cient number of requirements In 2022, signifi cant changes entered into force in the Federal Law “On the Contract System in the Field of Procurement of Goods, Works, Services to Meet State and Municipal Needs” dated April 5, 2013 No. 44-FZ, including with regard to the formation by the customer of requirements for procured products. The scientifi c novelty of the work is the study of this aspect of procurement in the context of a change in legislation. The work uses general scientifi c methods of research: comparison, analysis and the method of expert assessments.The purpose of the article is to develop a system of rules for the purchase of goods (using the example of purchasing paper for offi ce equipment), on the basis of which law enforcement customers can form procurement features for other product groups.Recommendations are given in terms of the description of the procurement object, the choice of the procurement method, the application of the national regime, which will allow the customer to make the purchase as effi ciently as possible and without violations.","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130992173","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}

{"title":"Russian Market of Confectionery Products (Study of the Feasibility of Introducing Mandatory Control and Accounting Marking of the “Honest Sign” System)","authors":"S. Maksimov, O. Simonova, K. Utarov","doi":"10.47361/2542-0259-2022-1-29-30-47","DOIUrl":"https://doi.org/10.47361/2542-0259-2022-1-29-30-47","url":null,"abstract":"The article presents the results of approbation of the Methodological recommendations of the Ministry of Industry and Trade of Russia on the preparation of proposals for the Government of Russia on the inclusion of certain goods in the list of goods subject to mandatory labeling by means of identifi cation (Order of the Ministry of Industry and Trade of Russia dated February 25th, 2021, No. 626).According to the results of approbation of Guidelines No. 626, the share of illegal trade in chocolate and chocolates in Russia in 2019 (on the eve of the COVID-19 pandemic) was estimated at 2% of the volume of the corresponding market; sugar confectionery products — in 6% (3.6% on average for the indicated groups of confectionery products).Based on a preliminary assessment of the state of the Russian confectionery market in 2021, this assessment should be maintained. This conclusion generally agrees with the results of studies on the quality of certain types of confectionery products commissioned by ANO “Roskachestvo “ in 2017—2020, as well as global studies on counterfeit trade initiated by the OECD and the European Union Intellectual Property Offi ce in 2017— 2019 and posted on the OECD website on June 22, 2021.The fi ndings of the study diff er signifi cantly from estimates of the level of fakes among individual subgroups of confectionery products that are currently common on the Internet. The article provides predictive estimates of the cost of codes for the purposes of introducing labeling of confectionery products and a likely increase in the amount of additional tax revenues as a result of the introduction of control and accounting marking of the national digital marking system of the “Honest Sign” system.The shortcomings of Methodological recommendations № 626 were identifi ed and considered, proposals for their elimination were formulated.","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129187891","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}

{"title":"Contemporary Problems of Tariff (Price) Regulation of Transport Services on Non-Public Railway Tracks","authors":"I. A. Belik","doi":"10.47361/2542-0259-2022-spv-88-97","DOIUrl":"https://doi.org/10.47361/2542-0259-2022-spv-88-97","url":null,"abstract":"Rail transport cannot be considered without non-public railway tracks and their operations, if we based on the technological point of view. The cargo railway service’s market, in the same time, amount a unified whole with the enterprises of industrial transport. The large portion of cargo’s flow usually is forming on the non-public railway tracks and is processed on the same tracks after arriving. Regulation of haulage services of rail transport enterprises – first of all, tariff (price) regulation – in it’s development have congealed on the level of the middle 1990s. The legislative power has no interest in it, and executive and judicial branches of power both have conservative observations about this question, which making situation worsen. Some of contemporary problems are represented in this article.","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130572543","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}

{"title":"Cartel or Non-Cartel: Problems of Proving Agreements Between Competitors After the Adoption of the Plenum of the Supreme Court of the Russian Federation of March 4, 2021 No. 2","authors":"M. A. Buzin","doi":"10.47361/2542-0259-2022-spv-70-76","DOIUrl":"https://doi.org/10.47361/2542-0259-2022-spv-70-76","url":null,"abstract":"The article is devoted to the analysis of the practice of proving cartel agreements after the adoption of the Resolution No. 2 of the Plenum of the Supreme Court of the Russian Federation dated March 4th, 2021 “On some issues arising in connection with the application of antimonopoly legislation by the courts.”Prior to the adoption of this Resolution, the legal approaches of the law enforcement officer to the establishment and proof of signs of cartel agreements prohibited in accordance with Article 11 of the Federal Law of July 26th, 2006 No. 135-FZ “On Protection of Competition”, with all their effectiveness, were often criticized by the professional community for lower standards of proof and lack of attention to the economic aspects of the violations investigated.Based on the latest trends in law enforcement practice in cartel cases, the author comes to the conclusion that the clarifications of the Supreme Court of the Russian Federation, reflected in the Resolution No. 2 of its Plenum dated March 4, 2021, contribute to the formation of a more grounded approach to the interpretation and proving of cartels.","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134423035","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}

{"title":"Analytical Review of Law Enforcement Practice to Identify Violations of Antimonopoly Legislation During Procurement Procedures by Certain Types of Legal Entities","authors":"D. В. Ognevskaya","doi":"10.47361/2542-0259-2022-spv-98-103","DOIUrl":"https://doi.org/10.47361/2542-0259-2022-spv-98-103","url":null,"abstract":"New standards of proof in cases of violations of antimonopoly legislation during tenders, formed on the basis of the positions of the Supreme Court of the Russian Federation, imply a qualitatively new level of analysis of the content of documents regulating procurement activities of customers and capable of limiting competition. Customers, in turn, are required to regularly monitor their own procurement activities for the validity of the requirements contained in such documents and, in particular, cases of purchases from a single supplier.","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117303553","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}

{"title":"A Franchise Agreement as an Act of Unfair Competition","authors":"I. Akimova, I. N. Kozhevnikov","doi":"10.47361/2542-0259-2022-spv-62-68","DOIUrl":"https://doi.org/10.47361/2542-0259-2022-spv-62-68","url":null,"abstract":"The article is devoted to the analysis of the commercial concession agreement and antitrust immunities provided for by the provisions of the Law on the Protection of Competition and allowing business entities to use the design of the commercial concession agreement in order to conceal their own violations. A legal assessment of the nature of a commercial concession agreement is given, the boundaries between the legitimate protection of the rights and legitimate interests of a cheating entity and a violation of the requirements of antimonopoly legislation are determined.","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"69 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127412465","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}

{"title":"Compliance with Antitrust Laws at the Stage of Elaboration of Strategy of Product Promotion (Theoretical and Practical Aspects)","authors":"E. Gorshkova, N. D. Barchuk","doi":"10.47361/2542-0259-2022-spv-30-41","DOIUrl":"https://doi.org/10.47361/2542-0259-2022-spv-30-41","url":null,"abstract":"The paper addresses the issues of necessity to consider antitrust restrictions at the stage of elaboration of strategy of product promotion. Potential damage arising from ignorance of legislation on protection of competition may negate the income received by using a marketing ploy, sequestering such income by way of turnover-based fine.The authors of the paper, while analyzing modern marketing ploys, by the example of “package” proposals of products give practical recommendations for antitrust risks management.The material herein is primarily intended for employees of commercial departments of economic entities, who are in charge of promotion and sales of products.","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130136549","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}

{"title":"The “Fifth Antimonopoly Package of Bills”, Hotel Services, the Results of Work in 2021 and the Agency's Plans for the Near Future","authors":"M. Minsker","doi":"10.47361/2542-0259-2022-spv-8-11","DOIUrl":"https://doi.org/10.47361/2542-0259-2022-spv-8-11","url":null,"abstract":"<jats:p>.</jats:p>","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121339208","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}

{"title":"Legal Сertainty: the Obligation to Comply with the Order of the Antimonopoly Authority and the Possibility of Suspending its Action","authors":"O. A. Pavlukhina","doi":"10.47361/2542-0259-2022-spv-56-61","DOIUrl":"https://doi.org/10.47361/2542-0259-2022-spv-56-61","url":null,"abstract":"Instructions issued by the antimonopoly body, both as a result of consideration of cases on violation of antimonopoly legislation, and as a result of consideration of complaints when organizing and conducting purchases in accordance with Federal Law No. legal entities, in an unconditional and imperative manner must be subject to execution by the persons to whom they were issued. The article examines the topical issue of not suspending the order of the antimonopoly authority issued based on the results of consideration of complaints about violation of the bidding procedure, in the event of its judicial challenge and liability for its failure.","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125144903","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}