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The doctrine of essential facilities in the Russian Anti-Monopoly Policy: grounds and risks of application

Author

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  • Golovanova, Svetlana

    (National Research University Higher School of Economics, Novgorod branch)

Abstract

The study focused on assessing the risks of using the grounds and essential facilities doctrine in the Russian anti-monopoly policy. On the basis of a comparative analysis of the experience of the application of the doctrine in the US and European antitrust legislation it shows that the results of the application of the doctrine is largely dependent on the accepted system of law enforcement. According to the case studies author examined the Russian experience of following the principles of the doctrine when considering antitrust cases against the subjects of natural monopolies is quite successful. However, outside the infrastructure sectors effectiveness of this tool is questionable because of the high probability of errors of law enforcement.

Suggested Citation

  • Golovanova, Svetlana, 2013. "The doctrine of essential facilities in the Russian Anti-Monopoly Policy: grounds and risks of application," Ekonomicheskaya Politika / Economic Policy, Russian Presidential Academy of National Economy and Public Administration, pages 126-143, June.
    • Handle: RePEc:rnp:ecopol:ep1331
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    1. Breitfuss, Marija & Filippidou, Sophia & Goetz, Marta & Globisch, Sabine & Gomulka, Marcin & Guy, Ken & Hartmann, Ernst A. & Hunter, Angus & Kostopoulos, Kostas & Kowalewski, Oskar & Kreibich, Miriam , 2009. "Benchmarking Strategies and Methodologies of National, European and International R&D Programmes, to Assess and Increase Their Impact on Innovation (ImpLore). Report to Lot 2 of European Commission Te," ZEW Expertises, ZEW - Leibniz Centre for European Economic Research, number 110516.
    2. 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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