Peculiarities of Market Analysis in the Retrospective Period in Solving the Problem of Preventing Violations of Antimonopoly Legislation

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.