IDEAS home Printed from https://ideas.repec.org/a/nos/vgmu00/2017i5p117-133.html
   My bibliography  Save this article

Why Enforcement against Excessive Pricing in the Russian Federation is not Sufficiently Successful?

Author

Abstract

In developed competition jurisdictions, excessive pricing is more a subject of academic and expert discussions than an actively used instrument of competition enforcement. Russian competition enforcement is an exception in this regard. During the last ten years the Russian competition authority, the Federal Antirust Service (FAS), made several hundred decisions on the violation of rules prohibiting excessive pricing. The question remains whether Russian enforcement is consistent with international experiences, and which part of enforcement limits a positive welfare effect. To achieve this objective the article explains the targets of excessive price enforcement, the legal standard for excessive pricing, and remedies applied in Russian competition law. The main conclusion is that the selection of targets does not generally contradict the objectives of competition enforcement. There are clear theories of harm specifi c to two of the main target groups: dominant exporting companies that apply third-price discrimination in the domestic market vis--vis export markets, and dominant companies that increase prices after deregulation, in case there is no new entry. Standards for proving price excessiveness represent a questionable part of enforcement, and they oft en turn out to be weak under judicial review. The application of either lower or higher standards for establishing price excessiveness results in decreasing the deterrence effect. A fear of decreasing deterrence explains the recent shift from ex-post intervention to ex-ante price remedies.

Suggested Citation

  • Svetlana Avdasheva & Dina Korneeva, 2017. "Why Enforcement against Excessive Pricing in the Russian Federation is not Sufficiently Successful?," Public administration issues, Higher School of Economics, issue 5, pages 117-133.
  • Handle: RePEc:nos:vgmu00:2017:i:5:p:117-133
    as

    Download full text from publisher

    File URL: http://vgmu.hse.ru/data/2017/08/21/1174218852/AVDASHEVA,%20KORNEEVA%205-2017.pdf
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Vasiliki Bageri & Yannis Katsoulacos & Giancarlo Spagnolo, 2013. "The Distortive Effects of Antitrust Fines Based on Revenue," Economic Journal, Royal Economic Society, vol. 123(11), pages 545-557, November.
    2. David S. Evans & A. Jorge Padilla, 2005. "Excessive Prices: Using Economics to Define Administrable Legal Rules," Journal of Competition Law and Economics, Oxford University Press, vol. 1(1), pages 97-122.
    3. Pinar Akman & Luke Garrod, 2011. "When Are Excessive Prices Unfair?," Journal of Competition Law and Economics, Oxford University Press, vol. 7(2), pages 403-426.
    4. Svetlana Avdasheva & Svetlana Golovanova, 2017. "Oil explains all: desirable organisation of the Russian fuel markets (on the data of three waves of antitrust cases against oil companies)," Post-Communist Economies, Taylor & Francis Journals, vol. 29(2), pages 198-215, April.
    5. Avdasheva, Svetlana & Tsytsulina, Dina, 2015. "The effects of M&As in highly concentrated domestic vis-à-vis export markets: By the example of Russian metal industries," Research in International Business and Finance, Elsevier, vol. 34(C), pages 368-382.
    6. Ariel Ezrachi & David Gilo, 2009. "Are Excessive Prices Really Self-Correcting?," Journal of Competition Law and Economics, Oxford University Press, vol. 5(2), pages 249-268.
    7. Claudio Calcagno & Mike Walker, 2010. "Excessive Pricing: Towards Clarity And Economic Coherence," Journal of Competition Law and Economics, Oxford University Press, vol. 6(4), pages 891-910.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Eduardo Saavedra & Javier Tapia, 2019. "El control de los precios excesivos en el derecho de la libre competencia: análisis y propuesta," Estudios Públicos, Centro de Estudios Públicos, vol. 0(153), pages 95-140.
    2. Gilo, David & Spiegel, Yossi, 2018. "The antitrust prohibition of excessive pricing," International Journal of Industrial Organization, Elsevier, vol. 61(C), pages 503-541.
    3. Willem H. Boshoff, 2021. "South African competition policy on excessive pricing and its relation to price gouging during the COVID‐19 disaster period," South African Journal of Economics, Economic Society of South Africa, vol. 89(1), pages 112-140, March.
    4. Repullo, Rafael & Elizalde, Abel, 2004. "Economic and Regulatory Capital: What is the Difference?," CEPR Discussion Papers 4770, C.E.P.R. Discussion Papers.
    5. Jensen, Sissel & Kvaløy, Ola & Olsen, Trond E. & Sorgard, Lars, 2013. "Crime and punishment: When tougher antitrust enforcement leads to higher overcharge," Discussion Paper Series in Economics 4/2013, Norwegian School of Economics, Department of Economics.
    6. Berkay Akyapi & Douglas C. Turner, 2022. "Cartel Penalties Under Endogenous Detection," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 61(3), pages 341-371, November.
    7. Suarez, Javier & Ceron, Jose A., 2006. "Hot and Cold Housing Markets: International Evidence," CEPR Discussion Papers 5411, C.E.P.R. Discussion Papers.
    8. Bos, Iwan & Davies, Stephen & Harrington, Joseph E. & Ormosi, Peter L., 2018. "Does enforcement deter cartels? A tale of two tails," International Journal of Industrial Organization, Elsevier, vol. 59(C), pages 372-405.
    9. Garrod, Luke & Olczak, Matthew, 2018. "Explicit vs tacit collusion: The effects of firm numbers and asymmetries," International Journal of Industrial Organization, Elsevier, vol. 56(C), pages 1-25.
    10. Axel Gautier & Nicolas Petit, 2018. "Optimal enforcement of competition policy: the commitments procedure under uncertainty," European Journal of Law and Economics, Springer, vol. 45(2), pages 195-224, April.
    11. Patrice Bougette & Oliver Budzinski & Frédéric Marty, 2019. "Exploitative Abuse and Abuse of Economic Dependence: What Can We Learn From an Industrial Organization Approach?," Revue d'économie politique, Dalloz, vol. 129(2), pages 261-286.
    12. Javier Díaz-Giménez & Josep Pijoan-Mas, 2006. "Flat Tax Reforms in the U.S.: A Boon for the Income Poor," Working Papers wp2006_0611, CEMFI.
    13. Richard Havell & Chris Jenkins & James Rutt & Elliott Scanlon & Paul Tregear & Mike Walker, 2020. "Recent Developments at the CMA: 2019–2020," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 57(4), pages 721-749, December.
    14. Katsoulacos, Yannis & Motchenkova, Evgenia & Ulph, David, 2015. "Penalizing cartels: The case for basing penalties on price overcharge," International Journal of Industrial Organization, Elsevier, vol. 42(C), pages 70-80.
    15. Claudio Calcagno & Mike Walker, 2010. "Excessive Pricing: Towards Clarity And Economic Coherence," Journal of Competition Law and Economics, Oxford University Press, vol. 6(4), pages 891-910.
    16. Pinar Akman & Luke Garrod, 2011. "When Are Excessive Prices Unfair?," Journal of Competition Law and Economics, Oxford University Press, vol. 7(2), pages 403-426.
    17. Avdasheva, Svetlana & Kryuchkova, Polina, 2015. "The ‘reactive’ model of antitrust enforcement: When private interests dictate enforcement actions – The Russian case," International Review of Law and Economics, Elsevier, vol. 43(C), pages 200-208.
    18. Kaplow, Louis, 2018. "Price-fixing policy," International Journal of Industrial Organization, Elsevier, vol. 61(C), pages 749-776.
    19. Juan-José Ganuza & Gerard Llobet & Beatriz Domínguez, 2009. "R& D in the Pharmaceutical Industry: A World of Small Innovations," Management Science, INFORMS, vol. 55(4), pages 539-551, April.
    20. Arndt Christiansen & Wolfgang Kerber, 2006. "Competition Policy With Optimally Differentiated Rules Instead Of “Per Se Rules Vs Rule Of Reason”," Journal of Competition Law and Economics, Oxford University Press, vol. 2(2), pages 215-244.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:nos:vgmu00:2017:i:5:p:117-133. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Irina A. Zvereva (email available below). General contact details of provider: http://vgmu.hse.ru/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.