20. ABUSE OF AN ECONOMIC SUBJECT OF ITS DOMINANT POSITION

The growth of certain companies inevitably leads to the fact that they begin to dominate the market.

Dominant position - this is the exclusive position of an economic entity or several economic entities in the market of goods that do not have a substitute, or interchangeable goods, which gives him (them) the opportunity to exert a decisive influence on the general conditions for the circulation of goods in the relevant commodity market or hinder access to other economic entities.

The dominant position of an economic entity is characterized by the following signs:

1) an economic entity is a Russian or foreign commercial organization, their associations, non-profit organizations engaged in entrepreneurial activities, as well as an individual entrepreneur;

2) the production of goods, i.e., products of vital activity, including works and services intended for sale or exchange, and therefore a product intended for the personal needs of the subject cannot be a commodity;

3) the exclusivity of the position of an economic entity, which gives it the opportunity to influence the state of the competitive environment in the market for a particular product.

The exclusivity of the dominant position is determined by the share that an economic entity occupies in the market of a certain product. If the share of an economic entity is up to 35% in the market of a certain product, its position cannot be recognized as dominant.

If the share of an economic entity is more than 35%, but less than 65% in the market of a certain product, its position can be recognized as dominant. But such a provision is not presumed, but must be established by the antimonopoly body, and the economic entity is entered in the Register. The status of the Register is defined as informational and supervisory, i.e. in case of abuse by an economic entity, the fact of an offense will be established.

So, taking into account the above characteristics, for each economic entity and its product, its own commodity market is determined, within the boundaries of which the dominant position of the economic entity is established.

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