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Anti-Competitive Agreements in Russian Courts (2008 - 2012): Antitrust Law Implementation and Interpetation

Author

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  • Andrey V. Makarov

    (National Research University Higher School of Economics)

Abstract

This paper analyses antitrust enforcement practice in Russia (2008–2012), in the area of competition-restricting agreements (horizontal and vertical). The analysis is based on a court decision database of litigation with the Russian competition authority (FAS). The database contains 400 cases, including 236 horizontal agreements (HA), 164 other agreements (vertical agreements (VA), conglomerate and mixed agreements). On the basis of this database important features of the interpretation and implementation of the competition law in Russian practice and the priority areas of the enforcement were identified. Antitrust policy was analysed taking into account the risks of type 1 and 2 errors, including the problem of the flexibility of prohibitions (per se vs rule of reason (ROR)), standards of proof, the problem of consistency of enforcement

Suggested Citation

  • Andrey V. Makarov, 2016. "Anti-Competitive Agreements in Russian Courts (2008 - 2012): Antitrust Law Implementation and Interpetation," HSE Working papers WP BRP 67/LAW/2016, National Research University Higher School of Economics.
    • Handle: RePEc:hig:wpaper:67/law/2016
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    References listed on IDEAS

    as
    1. Svetlana Avdasheva & Dina Tsytsulina & Svetlana Golovanova & Yelena Sidorova, 2015. "Discovering the Miracle of Large Numbers of Antitrust Investigations in Russia: The Role of Competition Authority Incentives," HSE Working papers WP BRP 26/PA/2015, National Research University Higher School of Economics.
    2. Andrey V. Makarov, 2014. "Comparative Analusis Of Antitrust Policy Against Collusion In Some Transition Economies: Challenges For Effectiveness," HSE Working papers WP BRP 20/PA/2014, National Research University Higher School of Economics.
    3. Svetlana Avdasheva & Andrei Shastitko, 2011. "Russian anti-trust policy: power of enforcement versus quality of rules," Post-Communist Economies, Taylor & Francis Journals, vol. 23(4), pages 493-505, June.
    4. Andrey Shastitko & Svetlana Avdasheva, 2011. "Introduction of Leniency Programs for Cartel Participants: The Russian Case," Antitrust Chronicle, Competition Policy International, vol. 8.
    5. Pittman, R., 1997. "Competition Law in Central Eastern Europe: Five Years Later," Papers 97-2, U.S. Department of Justice - Antitrust Division.
    6. Paul L. Joskow, 2002. "Transaction Cost Economics, Antitrust Rules, and Remedies," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 18(1), pages 95-116, April.
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    Full references (including those not matched with items on IDEAS)

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    More about this item

    Keywords

    competition law; antitrust policy; collusion; vertical agreements; arbitration practice;
    All these keywords.

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • L41 - Industrial Organization - - Antitrust Issues and Policies - - - Monopolization; Horizontal Anticompetitive Practices
    • L42 - Industrial Organization - - Antitrust Issues and Policies - - - Vertical Restraints; Resale Price Maintenance; Quantity Discounts

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