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A comparative analysis of the basic institutions of Russian, European and US competition law. Vertical agreements assessment. Regulation of public utilities

Priority areas of development: law
2013
Department: Laboratory for Comparative Description of National Competition Law Systems

The final report on research by the laboratory on a comparative description of national competition law by applying general methods for comparative studies in the field identified an array of key norms of Russian and European competition law and trends in their development, and also the most significant differences.

Research purpose:

The most important questions of the research are: Are there substantial differences in the application of competition law? What are the main approaches to horizontal and vertical agreements, methods for assessing vertical agreements, the legal framework of economic concentration control and responsibility for non-compliance? What are the features of legislation on natural monopolies in the antitrust context?

Empirical base of the research:

The base of the research are interviews with FAS Russia officers, conferences and discussions with foreign lawyers as well as a large number of Russian and foreign antitrust cases.

Research results:

The analysis revealed a number of features of Russian law, such as accounting for " improving the competitiveness of Russian products on the world commodity market " approaches to the assessment of conglomerate agreements, conditions of vertical agreements, making them illegal (so-called "black terms") . It is shown that the Russian equivalent of the concept of "sustainable change in control" is the "determination of the conditions of an economic entity business " and that decisions on transactions with strengthening a dominant position on the acquisition of companies in difficulty are used as regulatory governmental action.

We assessed the risk of transaction invalidation due to violation of the procedures of merger control. System problems of legislation in the sphere of natural monopolies were identified (the uncertainty of including certain types of economic activity in a natural monopoly and the unclear division of responsibilities between regulators).

Implementation of the research results:

Our recommendations were submitted to the Russian Government.

Parts of the research were used in the textbook Russian Competition Law.

We prepared materials for a new book  "Comparative analysis of the objectives of competition law of the European Union, the United States and Russia".

International partners:

Our partner in the research is the French University Paris 1 Pantheon Sorbonne, namely 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», lawyer of the Paris Bar).