The theory and practice of antimonopoly regulation
Сочинение - Экономика
Другие сочинения по предмету Экономика
h restrictions on competition harmful to the conclusion of agreements and the abuse of dominant position to deal with the restriction of competition it is used for the control of economic concentration. It is the result of the creation, reorganization or merger of enterprises and associations, or when there is an opportunity for a group of organizations to conduct a coherent policy on the market. According to the law "On competition and restriction of monopolistic activity on commodity markets," if the company reaches a certain threshold in terms of operations, it must obtain the consent of the antimonopoly authority for their actions (pre-control) or to inform him about them (follow-up).activities are pre-controlled:creation, merger and acquisition of commercial organizations, associations, unions and associations, if their assets exceed one hundred thousand minimum wage;and separation (selection) of state and municipal unitary enterprises whose assets are more than 50 thousand minimum wages, if it leads to the company, whose share in the commodity market exceeds 35% (except in cases where the company is liquidated by a court).addition, prior approval is required when:) The person (group of persons) acquires shares with voting rights in the charter capital of a business entity if it gets the right to dispose of more than 20% of such shares. This requirement does not apply to the founders of the economic society at its formation;) One enterprise (group of persons) acquires the ownership or use of the basic production funds or other intangible assets of the enterprise and the carrying value of property is the subject of the transaction exceeds 10% of book value of these funds and assets of the enterprise alienating the property;) A person (group of persons) acquires the rights, allowing to determine the conditions of doing business venture or as its executive body.these three cases, prior approval must, if the aggregate book value of assets of persons involved in transactions exceeding 100 thousand minimum wages, or one of them is the company entered in the register of economic entities, which share a particular product on the market exceeds 35%, or acquirer is a group of persons that controls the activity of the enterprise.creating a new entity exempt from the founders of the preliminary review, however, they must notify the competition authority to establish the company within 15 days after registration. If the creation of new firms leads to a restriction of competition, the MAP may require the founders to restore the original conditions. If they fear the negative consequences of competition for their actions, they may apply to the MAP to register and get an opinion. The Russian anti-monopoly law does not allow the action or transaction which may result in the establishment or expansion of market power by a commercial organization, if the negative effects on competition are not compensated by increasing its competitiveness in domestic and international markets. Therefore, the control does not prevent the integration of Russian businesses to compete with foreign firms.at the same time, often creating, consolidation, merger or liquidation of business entities and acquisition of shares often are held in violation of the antitrust laws. In general, we can say that control of the activities of the antimonopoly authority is not effective yet. It does not draw the line ministries for the competition policy in industries that do not have investigative powers (unlike, for example, the Japanese Fair Trade Commission), it is difficult to obtain the required information. The agreement between the SSC and the State Tax Service to share information and help each other is hardly satisfied. The courts do not apply the article of the Criminal Code, under which the offender is able to establish monopolistic restrictions on competition may be deprived of liberty for a term of 2 to 7 years. The article also does not work because employers are not willing to file complaints and work with law enforcement and anti-monopoly agency has no activity in filing claims for such violations. The prohibition of unfair competition is also important for competition policy. This act is aimed at the acquisition of the benefits that are contrary to law, business traditions, requirements of fairness, reasonableness and fairness, and that caused (can cause) damage to competitors or damaged their business reputation. It is about the dissemination of false, inaccurate or distorted information that could cause loss or damage, consumers are not misled about the nature, method, place of manufacture, consumer characteristics and product quality as well as the incorrect comparison of its own product with words products of competitors. Unfair competition also includes the receipt, use, disclosure of scientific, technical, industrial, commercial information or trade secrets without the consent of the owner., of course, there is growing interest of entrepreneurs to the protection of business reputation of the enterprise and the legal protection of trademarks by their illegal use. In the anti-monopoly policy prohibitions on anticompetitive actions of governing bodies are widely used. The development of market relations presupposes the elimination of the direct intervention of public authorities in the activities of enterprises. The law prohibits enact legislation and to take actions that limit the autonomy of enterprises, it creates discriminatory or favorable conditions for some over others and thereby restrict competition, affect the interests of businesses or citizens. However, the authorities of the Federation and local authorities admit the numerous violations, including unreasonable provide incentives to restrict the creation of enterprises, introducing restrictions on their activities, the sale or purchase of goods to indicate the priority of certain treaties, arbitrarily set the size of the registration fee, prevent the entry of goods and services "nonresident" of enterprises, and so on.actions by the authorities have economic motives, the desire to please "their" companies, or those who promise financial support for election. Meanwhile, many laws prohibits officials of state power and administration, such as:
. To engage in entrepreneurial activities, to own the company;
. Individually or through their representatives to vote their shares at general meetings of shareholders;
. To combine the functions of executive bodies and local self-government functions of economic entities, as well as to provide them with the functions and powers of these bodies. Also it is not allowed to create ministries, state committees, etc. to monopolize the production or sale of goods, as well as to empower existing agencies the authority, able to limit competition. Therefore, the decision of the executive power and local self-government on the establishment, reorganization and liquidation of enterprises and provision of benefits should be consistent with the antitrust authority. Besides the already mentioned actions in the policy of Russia the registry is widely used as a tool of antitrust control. As a result of the analysis of the commodity market and the proportion of businesses on it (more or less than 35%) are included or excluded from the state registry. MAP does this when it comes to the Russian market as a whole, or its territorial control in the case of regional markets. Registry is made to have the information base on the largest subjects of the market and monitor the implementation of antitrust laws. The registry must enter the enterprise, which is the only manufacturers in Russia, certain types of products. It includes, for example, Bryansk Machine Building Plant (wagons isothermal), "Kalugaputmash" (rail welding machines, cranes laying) and so on. Number of entries in the register of enterprises depends on the boundaries of the commodity market, which is determined by their share. The more details the range of products, the more businesses can be included in the registry. Antitrust authorities identify companies with a significant share in the production of the most important for the economy and social structure-relevant products. But the introduction of the company in the register is not to say that it is a monopoly and should be applied restrictive measures - say, at a price, because the very presence of large enterprises does not mean that they are abusing their dominant position. Moreover, their monopolistic activity is impossible if the market has limited purchasing power or resources for further development.
2.2 The system of state regulation and antitrust law
antitrust policy monopoly legal
Russia has not escaped the negative impact of industries - natural monopoly in the market. In the Russian industry at the moment there are four thousand enterprises-monopolists and their products account for 7% of the total. Of these there are 500 natural monopolies. Examples of natural monopolies in Russia are first of all, RAO "UES of Russia", "Gazprom" and the Ministry of Railways. Their fate is very sharp and of the critical discussion.the general decline of production in Russia, the demand for products and services industries - natural monopoly, except for the communications industry, is constantly decreasing. These industries are extremely capital intensive, a large portion of their costs is ongoing. As a result the proportion of fixed costs in the price per unit of output is growing. In addition, until recently, natural monopolies were financed by investments largely from domestic sources (investment and stabilization funds generated through cost and profit), which determined an excessive burden on the rates. In 1993-1996 years sectoral prices of Russian natural monopolies have grown more rapidly than in other sectors of the