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

Andrey Makarov ()
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Andrey Makarov: National Research University Higher School of Economics

HSE Working papers from 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

Keywords: competition law; antitrust policy; collusion; vertical agreements; arbitration practice (search for similar items in EconPapers)
JEL-codes: K21 L41 L42 (search for similar items in EconPapers)
Pages: 28 pages
Date: 2016
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Published in WP BRP Series: Law / LAW, July 2016, pages 1-28

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Persistent link: https://EconPapers.repec.org/RePEc:hig:wpaper:67/law/2016

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