IDEAS home Printed from https://ideas.repec.org/p/hig/wpaper/05-pa-2013.html
   My bibliography  Save this paper

Law And Economics Of Antitrust Enforcement In Russia

Author

Listed:
  • Svetlana Avdasheva

    (National Research University Higher School of Economics. Institute for Industrial and Market Studies. Deputy Director;)

  • Polina Kryuchkova

    (2National Research University Higher School of Economics. Institute for Industrial and Market Studies, Laboratory of Competition and Antimonopoly Policy. Leading Research Fellow;)

Abstract

Law enforcement by regulatory authorities on complaints may replicate not only advantages but also disadvantages of both public and private enforcement. In Russian antitrust enforcement there are strong incentives to open investigations on almost every complaint. The increasing number of complaints and investigations decreases both the resources available per investigation and the standards of proof. It also distorts the structure of enforcement, increases the probability of both wrongful convictions and wrongful acquittals, and lowers deterrence. Statistics of antitrust enforcement in the Russian Federation, including Russian regions, highlight the importance of complaints for making decisions on whether to open investigations and the positive dependence of convictions on the number of investigations

Suggested Citation

  • Svetlana Avdasheva & Polina Kryuchkova, 2013. "Law And Economics Of Antitrust Enforcement In Russia," HSE Working papers WP BRP 05/PA/2013, National Research University Higher School of Economics.
  • Handle: RePEc:hig:wpaper:05/pa/2013
    as

    Download full text from publisher

    File URL: http://www.hse.ru/data/2013/10/24/1279815678/05PA2013.pdf
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. McAfee, R. Preston & Mialon, Hugo M. & Mialon, Sue H., 2008. "Private v. public antitrust enforcement: A strategic analysis," Journal of Public Economics, Elsevier, vol. 92(10-11), pages 1863-1875, October.
    2. John Connor, 2006. "Effectiveness of Antitrust Sanctions on Modern International Cartels," Journal of Industry, Competition and Trade, Springer, vol. 6(3), pages 195-223, December.
    3. Gary S. Becker, 1974. "Crime and Punishment: An Economic Approach," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 1-54, National Bureau of Economic Research, Inc.
    4. 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.
    5. Svetlana Avdasheva & Andrey Shastitko, 2012. "Rules on Retailer-Supplier Relationships in the Competition Policy of the Russian Federation: How and Why Misunderstanding Economics Threatens the Competitiveness of the Sector," Antitrust Chronicle, Competition Policy International, vol. 7.
    6. Florin Alexandru LUCA & Corina Ana-Maria IOAN, 2010. "Individual Career In The Current Economic Crisis," Management and Marketing Journal, University of Craiova, Faculty of Economics and Business Administration, vol. 0(2), pages 385-390, November.
    7. Gary S. Becker & George J. Stigler, 1974. "Law Enforcement, Malfeasance, and Compensation of Enforcers," The Journal of Legal Studies, University of Chicago Press, vol. 3(1), pages 1-18, January.
    8. Ozkan Eren & Serkan Ozbeklik, 2014. "Who Benefits From Job Corps? A Distributional Analysis Of An Active Labor Market Program," Journal of Applied Econometrics, John Wiley & Sons, Ltd., vol. 29(4), pages 586-611, June.
    9. Nuno Garoupa & Matteo Rizzolli, 2012. "Wrongful Convictions Do Lower Deterrence," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 168(2), pages 224-231, June.
    10. Geoffrey A. Manne & Joshua D. Wright, 2010. "Innovation And The Limits Of Antitrust," Journal of Competition Law and Economics, Oxford University Press, vol. 6(1), pages 153-202.
    11. Mann, Jeoffrey & Wright, Joshua, 2010. "Innovation and the Limits of antitrust," Ekonomicheskaya Politika / Economic Policy, Russian Presidential Academy of National Economy and Public Administration, vol. 6, pages 99-123.
    12. A. Shastitko., 2011. "Rule of Law Economics: The Cost of Guarantors Services and Enforcement Errors," VOPROSY ECONOMIKI, N.P. Redaktsiya zhurnala "Voprosy Economiki", vol. 3.
    13. Swenson, David A., 2012. "Tax Increment Financing in Iowa: Background, Research, and Recommendations," Staff General Research Papers Archive 34935, Iowa State University, Department of Economics.
    14. Steven Shavell & A. Mitchell Polinsky, 2000. "The Economic Theory of Public Enforcement of Law," Journal of Economic Literature, American Economic Association, vol. 38(1), pages 45-76, March.
    15. 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.
    16. Yan Liu & Christopher Berry, 2013. "Identity, Moral, and Equity Perspectives on the Relationship Between Experienced Injustice and Time Theft," Journal of Business Ethics, Springer, vol. 118(1), pages 73-83, November.
    17. Reza Rajabiun, 2012. "Private Enforcement And Judicial Discretion In The Evolution Of Antitrust In The United States," Journal of Competition Law and Economics, Oxford University Press, vol. 8(1), pages 187-230.
    18. Danziger, Leif, 1988. "Costs of Price Adjustment and the Welfare Economics of Inflation and Disinflation," American Economic Review, American Economic Association, vol. 78(4), pages 633-646, September.
    19. Rosenzweig, Cynthia & Phillips, Jennifer & Goldberg, Richard & Carroll, John & Hodges, Tom, 1996. "Potential impacts of climate change on citrus and potato production in the US," Agricultural Systems, Elsevier, vol. 52(4), pages 455-479, December.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Svetlana B. Avdasheva & Dina V. Tsytsulina, 2014. "The Effects Of Competition Policy: Merger Approval, Entry Barrier Removal, Antitrust Enforcement Compared," HSE Working papers WP BRP 34/FE/2014, 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.

    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. 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.
    2. Antonio Acconcia & Marcello D'Amato & Riccardo Martina, 2003. "Corruption and Tax Evasion with Competitive Bribes," CSEF Working Papers 112, Centre for Studies in Economics and Finance (CSEF), University of Naples, Italy.
    3. Beck, Thorsten & Demirguc-Kunt, Asli & Levine, Ross, 2006. "Bank supervision and corruption in lending," Journal of Monetary Economics, Elsevier, vol. 53(8), pages 2131-2163, November.
    4. Miceli, Thomas J., 2007. "Criminal solicitation, entrapment, and the enforcement of law," International Review of Law and Economics, Elsevier, vol. 27(2), pages 258-268.
    5. Grajzl, Peter & Baniak, Andrzej, 2018. "Private enforcement, corruption, and antitrust design," Journal of Comparative Economics, Elsevier, vol. 46(1), pages 284-307.
    6. Yahagi, Ken, 2021. "Law enforcement with motivated agents," International Review of Law and Economics, Elsevier, vol. 66(C).
    7. Jean-Baptiste Fleury & Alain Marciano, 2022. "Methodological Individualism and the Foundations of the "Law and Economics" movement," Post-Print hal-03820441, HAL.
    8. Giovanni Immordino & Marco Pagano, 2010. "Legal Standards, Enforcement, and Corruption," Journal of the European Economic Association, MIT Press, vol. 8(5), pages 1104-1132, September.
    9. Garoupa, Nuno & Klerman, Daniel, 2004. "Corruption and the optimal use of nonmonetary sanctions," International Review of Law and Economics, Elsevier, vol. 24(2), pages 219-225, June.
    10. 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.
    11. Joshua Schwartzstein & Andrei Shleifer, 2013. "An Activity-Generating Theory of Regulation," Journal of Law and Economics, University of Chicago Press, vol. 56(1), pages 1-38.
    12. Lampach, Nicolas & Wijtvliet, Wessel & Dyevre, Arthur, 2020. "Merchant hubs and spatial disparities in the private enforcement of international trade regimes," International Review of Law and Economics, Elsevier, vol. 64(C).
    13. Kugler, Maurice & Verdier, Thierry & Zenou, Yves, 2005. "Organized crime, corruption and punishment," Journal of Public Economics, Elsevier, vol. 89(9-10), pages 1639-1663, September.
    14. Edward L. Glaeser & Andrei Shleifer, 2002. "Legal Origins," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 117(4), pages 1193-1229.
    15. Šastitko, Andrej E., 2013. "Effects of third party errors," EconStor Preprints 121747, ZBW - Leibniz Information Centre for Economics.
    16. Parikshit Ghosh, 2009. "Making the Punishment Fit the Crime or Taliban Justice? Optimal Penalties Without Commitment," Working papers 175, Centre for Development Economics, Delhi School of Economics.
    17. Éric Langlais & Marie Obidzinski, 2013. "Elected vs appointed public law enforcers," EconomiX Working Papers 2013-35, University of Paris Nanterre, EconomiX.
    18. Guasch, J. Luis & Laffont, Jean-Jacques & Straub, Stéphane, 2008. "Renegotiation of concession contracts in Latin America: Evidence from the water and transport sectors," International Journal of Industrial Organization, Elsevier, vol. 26(2), pages 421-442, March.
    19. Roee Sarel, 2022. "Crime and punishment in times of pandemics," European Journal of Law and Economics, Springer, vol. 54(2), pages 155-186, October.
    20. Polinsky, A. Mitchell & Shavell, Steven, 2001. "Corruption and optimal law enforcement," Journal of Public Economics, Elsevier, vol. 81(1), pages 1-24, July.

    More about this item

    Keywords

    antitrust; Russia; public enforcement; complaints; legal errors.;
    All these keywords.

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    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:hig:wpaper:05/pa/2013. 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: Shamil Abdulaev or Shamil Abdulaev (email available below). General contact details of provider: https://edirc.repec.org/data/hsecoru.html .

    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.