The legal nature of three-party agreements involving a trustee to monitor the implementation of remedies

Правовая природа трехсторонних соглашений с участием доверенного лица, привлекаемого для мониторинга исполнения предписаний антимонопольного органа

Sluzhevskaya, Valeria (Служевская, Валерия) and Meleshkina, Anna (Мелешкина, Анна) ()
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Sluzhevskaya, Valeria (Служевская, Валерия): The Russian Presidential Academy of National Economy and Public Administration
Meleshkina, Anna (Мелешкина, Анна): The Russian Presidential Academy of National Economy and Public Administration

Working Papers from Russian Presidential Academy of National Economy and Public Administration

Abstract: The fifth antimonopoly package (draft Federal Law "On Amendments to the Federal Law "On Protection of Competition") of the FAS of Russia contains provisions regulating the involvement of experts in the control of transactions of economic concentration, as well as other actions subject to state control, cases of violation of antimonopoly legislation, as well as for the purpose of control by the antimonopoly authority of the execution of regulations. Already at the stage of developing the concept of adaptation of the institution of trustees in the Russian legal field, there is a number of problems related to the insufficient development of the institutional infrastructure that ensures the organization and regulation of the activities of the trustee. The design of the institute of trustees is a multi–stage process of regulating the parameters of interaction between the regulator and the company with the trustee who monitors the execution of the order. The report contains a description of the structure of the contract regulating the rights and obligations of the trustees who monitor the execution of the order by the companies participating in the transactions economic concentration. Regulatory legal acts and materials of antimonopoly cases of international practice are used as basic information . The criteria and procedure for selecting a proxy based on a case study are also subject to analysis.

Keywords: proxy; transaction of economic concentration; prescription; antimonopoly enforcement (search for similar items in EconPapers)
JEL-codes: K21 L22 (search for similar items in EconPapers)
Pages: 29 pages
Date: 2021-01-15
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