Commercial law. State regulation of competition in commodity and financial markets (lecture notes)

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Commercial law. State regulation of competition in commodity and financial markets (lecture notes)

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LECTURE No. 42. State regulation of competition in the commodity and financial markets

The state regulates and encourages competition in the directions necessary for society, using a variety of methods and mechanisms for the formation of competitive relations. Such mechanisms include an increase in the number of homogeneous enterprises, support for small and medium-sized businesses, ensuring comparability of quality characteristics and prices for goods, encouraging better results and innovations, and creating a propaganda system. The goal of the state with the support of competition is to create a healthy competitive environment. On the part of the state, competition is supported by two main types of measures: stimulating and prohibitive. Incentive measures include legislative documents on holding economic competitions: legislation in the field of pricing, taxes, exports and imports of goods. Prohibitions include the adoption of acts and the commission of certain actions by executive authorities and local self-government bodies aimed at restricting competition.

State regulation of competition in the commodity and financial markets is carried out by the Federal Antimonopoly Service together with the Federal Tariff Service. Antimonopoly body - the federal antimonopoly body and its territorial bodies.

Functions of the antimonopoly authority:

1) rule-making;

2) supervisory (maintenance of the register of dominant organizations);

3) permissive (allows the merger and accession of organizations);

4) preemptive (conducts an antimonopoly investigation, which may result in the issuance of an order to eliminate violations, the forced separation of a commercial organization that occupies a dominant position, if it abuses it).

The antimonopoly body performs the following main functions (Article 22 of the Federal Law "On Protection of Competition"):

1) provides state control over compliance with antimonopoly legislation by federal executive authorities, state authorities of the constituent entities of the Russian Federation, local governments, other bodies or organizations exercising the functions of these bodies, as well as state extra-budgetary funds, business entities, individuals;

2) reveals violations of the antimonopoly law, takes measures to stop the violation of the antimonopoly law and holds accountable for such violations;

3) prevent monopolistic activities, unfair competition, other violations of antimonopoly legislation;

4) exercise state control over economic concentration in the use of land, subsoil, water and other natural resources, including during tenders.

The antimonopoly authority exercises the following powers (Part 1, Article 23 of the Federal Law "On Protection of Competition"):

1) initiates and considers cases on violations of the antimonopoly legislation;

2) issue instructions binding on economic entities:

a) on the termination of agreements restricting competition and (or) concerted actions of economic entities and the performance of actions aimed at ensuring competition;

b) on stopping the abuse of a dominant position by an economic entity and taking actions aimed at ensuring competition;

c) on termination of violation of the rules of non-discriminatory access to goods;

d) on termination of unfair competition;

e) on the prevention of actions that may be an obstacle to the emergence of competition and (or) may lead to the restriction, elimination of competition and violation of antimonopoly legislation;

f) on elimination of consequences of violation of the antimonopoly legislation;

g) on termination of other violations of the antimonopoly legislation;

h) on the restoration of the situation that existed before the violation of the antimonopoly legislation;

i) on the conclusion of contracts, changes in the terms of contracts or termination of contracts;

j) on the transfer to the state budget of income received as a result of violation of the antimonopoly legislation;

k) on changing or restricting the use of the company name;

l) on the fulfillment of economic, technical, informational and other requirements for the elimination of discriminatory conditions and the prevention of their creation; m) on the performance of actions aimed at ensuring competition;

3) issues binding instructions to federal executive authorities, executive authorities of constituent entities of the Russian Federation, local governments, state extra-budgetary funds, and their officials;

4) send proposals to the federal executive body for the securities market, the Central Bank of the Russian Federation on bringing the acts adopted by them in accordance with the antimonopoly legislation and (or) terminating their validity in cases where such acts and (or) actions violate the antimonopoly legislation;

5) hold commercial organizations and non-profit organizations, their officials, officials of federal executive authorities, executive authorities of constituent entities of the Russian Federation, local governments, as well as officials of state non-budgetary funds, individuals, including individual entrepreneurs (Part 1, Article 23 of the Federal Law "On Protection of Competition");

6) applies to the arbitration court with claims, statements on violation of the antimonopoly legislation;

7) participates in the consideration of cases by a court or an arbitration court;

8) maintains a register of economic entities with a market share of a certain product in the amount of more than 35%;

9) establishes the dominant position of an economic entity;

10) approves the forms for submitting information to the antimonopoly authority;

11) approve the methodology for determining the unreasonably high and unreasonably low price of a credit institution's services (as agreed with the Central Bank of the Russian Federation);

12) issue normative legal acts;

13) gives explanations on the application of antimonopoly legislation;

14) gives conclusions on the presence or absence of signs of restriction of competition;

15) makes proposals to the licensing authorities on the annulment, revocation of licenses or on the suspension of licenses, etc.

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