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  • A Comparative Analysis of Key Institutions of Russian, European and U.S. Competition Law. A Methodology for Evaluating the Practice of Anti-trust Authorities

A Comparative Analysis of Key Institutions of Russian, European and U.S. Competition Law. A Methodology for Evaluating the Practice of Anti-trust Authorities

2011
Department: Laboratory for Comparative Description of National Competition Law Systems
The project has been carried out as part of the HSE Program of Fundamental Studies.

By applying the general methods of comparative studies in the field of competition law, the final laboratory report on the comparative description of the national competition law identified an array of key norms of Russian and European competition law and trends in their development, as well as the most significant differences.

The most important questions of the research are the following: Are there substantial differences in the purposes and principles of competition law? What are the main directions for increasing the effectiveness of the control over economic concentration? Which rules regarding the control of vertical agreements should ultimately be adapted to Russian law?

In addition, a review was made of existing approaches to evaluating the practice of anti-trust authorities. 

The partner in this research is France's Université Paris 1 Panthéon-Sorbonne, namely the Research Institute of Law at the Sorbonne, in the person of Laurent Vidal (Associate Professor of Public Law, Director of the Public Economic Law department at the Research Institute of Law of Paris 1, researcher of the French Academy of Sciences «CNRS», and lawyer of the Paris Bar).  A joint conference on the research was held with our French colleagues in November 2011 at the Université Paris 1, which made it possible to give a comparative description of Russian and French competition law. 

From the comparative analysis made in the research, a number of recommendations can be taken into account when further developing Russia's anti-trust law. These are:

Firstly, to give more precise definitions for some concepts and terms of the Russian Law "On the Protection of Competition" (eg "parallel behavior”, "significant deterioration of competition", "interchangeability of production”, "potential competition", and "general conditions of the circulation of goods"). 

Secondly, the modernization of the procedure for market analysis; the specification of the list of factors considered conducive to limit competition.

Thirdly, the introduction of ex-post assessments in the decision-making procedure in the control of economic concentration; the development of a value–based method of decision-making (concerning the preference between the  buyer's benefits, the balance of the benefits for the buyer and the seller, and the protection of major public interest -- criteria of admissibility set forth in Article 13 of the Russian Law "On the Protection of Competition").