The theory and practice of antimonopoly regulation
Сочинение - Экономика
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economy. They approached the level of the world, and in some cases (e.g., international phone rates) have surpassed them. Consumers began to exert pressure on the government making the request until the price freeze. Rapid and significant price increase in electricity, gas, communications industries and railway transport has led to the need for raising the question of reasonableness of costs (the costs of salaries, social benefits, investment banking) and the line quality products and services offered by the price level. In all branches that contain the natural monopoly segments, wages higher than the average for the economy and their employees enjoy greater social benefits than other industries. But for all the obvious problem of the criticality of the situation the need for state regulation of natural monopolies has been realized only in 1994, when prices for their products has had a significant impact on undermining the economy. At the same reformist wing of the government began to pay more attention to the problems of regulation of natural monopolies is not so much by the need to halt the rise in prices in the relevant field or provide opportunities to use the price mechanism for macroeconomic policy, but primarily trying to limit the range of regulated prices. The first draft of the Law "On natural monopolies" was prepared by staff of the Russian Center for the privatization of the Russian Federation on behalf of GKAP at the beginning of 1994 after this project had been crafted by Russian and foreign experts, and consistent with the sectoral ministries and companies (Ministry of Communications, Ministry of Railways, Ministry of Transport, Ministry of Atomic Energy, Minnats, RAO "Gazprom", RAO "UES of Russia", etc.). Many of the sectoral ministries were against the project, the Ministry of Economy and GKAP but managed to overcome their resistance. Already in August, the government sent agreed by all concerned ministries draft law in the State Duma. Only in April, the State Duma adopted the law, and it was sent to the President. In May, President, citing the presence of a conflict with the law, vetoed the law in the new version and returned it to the State Duma. In June and July working the conciliation commission of the State Duma and the presidential administration. After that, the State Duma adopted almost without debate in the new edition of Law and 17 August the President signed the Act. This is made possible by the wide summer campaign, which launched the media against abuses permitted by natural monopolies. Particular attention was paid to the financial performance of the gas industry, the ability to improve the state budget by increasing taxes RAO "Gazprom" and the abolition of privileges on the formation of extra-budgetary funds, etc. According to the Law "On natural monopolies", the scope of regulation includes the transportation of crude oil and petroleum products through pipelines, transporting gas through pipelines, transmission services of electricity and thermal energy, rail transport, services, transportation terminals, ports and airports, public services and postal services. The main methods of control were:
Price regulation, that is the direct determination of prices (tariffs), or the appointment of their maximum level;
Definition of compulsory service for consumers and / or setting a minimum level of security.also charged with the duty to monitor the various activities of natural monopolies, including the acquisition of property rights, large investment projects, selling and renting property. Foreign regulatory experience shows that the main thing in this business is the maximum independence of regulatory bodies such as other government and from business entities controlled by them, as well as coordination of interests and areas of regulatory agencies that will provide them the opportunity to take politically unpopular decisions. In the original draft law it was suggested that regulators will have a high degree of independence: members of their boards, appointed for an extended period of time could not be fired for any reason, except by court order, provided for a ban on the combination of board members, the ownership of shares controlled companies, etc. However, in the final version many progressive provisions, taken from long-term management practices in foreign countries, were either relaxed or removed, which calls into question the ability of decision-making, are sufficiently protected from the influence of various political forces. By 1995, only one was formed by a system of regulatory bodies, which operated outside of the line ministries. This is a federal and regional energy commission, created in 1992 to regulate the tariffs for electricity and heat energy. Control of other natural monopolies was done by the relevant ministries (Ministry of Economy, Ministry of Energy, Ministry of Railways, Ministry of Communications). Nevertheless, even in power area until 1995 were not recorded legal basis for regulation. State control over economic activities of natural monopolies has been significantly weakened due to the conversion of many enterprises into joint stock companies, which were dominated by sectoral interests. At the same time the federal government, keeping majority stakes in their hands, not actively involved in the mechanism of corporate and corporate governance. By January 1996 three presidential decree on the establishment of public services on regulation of natural monopolies in the energy industry, communications and transport were adopted. In March and April government decree on the establishment of regulatory bodies were issued, in particular, was determined by the size of their staff. However, at the end of May head of only one service was appointed - the Federal Energy Regulatory Commission. Appointment to the post of Deputy Minister of Fuel and Energy is a compromise with the government-controlled entities. In the first half of 1996 in the sectors - natural monopolies (electricity, gas industry, pipeline transport, railway transport and communications sector), the rise in prices has slowed somewhat compared to previous years of reform. was largely due to the populist policies of the presidential election, as evidenced by a growing problem of non-payment in connection with the adoption of the government decree prohibiting the disconnection of consumers of energy to the middle of May 1996 addition, under pressure from the IMF Government decision on March 21, 1996 were eliminated off-budget funds in the fields of Energy and from April 1 - a stabilization fund of RAO "Gazprom", thus "Gazprom" was deprived of the basic tax relief. However, after the election has taken some tough measures were taken in order to limit the rise in prices of natural monopolies. Since the Presidential Decree of 17 October 1996 the price of electricity, supplied to the wholesale market have been reduced by 10% by Government on April 3, 1997 from the cost of energy were excluded trust funds. Already it was clear that the formation of regulatory authorities would not only long but also painful. does not want to give the appropriate authority. There is an acute problem of funding, it is difficult to attract qualified employees as salaries of civil servants is much lower wages in the same level in regulated companies. of the best industry specialists who could perform such work, hold high positions in organizations that need to be regulated. Therefore, by far the most acute problems of staffing, development of specific management techniques, improving the information base that allows informed decisions. Thus, in the area of legislative and institutional framework for regulation of natural monopolies there have been some important and necessary steps, but much remains to be done both in terms of building an effective system of regulation and the terms of the restructuring of industries, thus allowing a more compact and manageable scope regulation.for the direction of antitrust policy in Russia in the coming years, in December 2001 at a meeting of the Russian Federation Government approved the concept of medium-term government program for 2002-2007. "Structural Change and Economic Growth." It contains a special section on antitrust policy. Antitrust policy in the medium term will be implemented in the following areas:
. Improving the legal framework, forms and methods of antimonopoly control and regulation in order to prevent and combat abuse of market power, collusion, agreements and concerted practices that are the result of restricting competition and infringing the interests of economic entities and citizens of unfair competition.
. De-monopolization of the economy and creating conditions for the development of competition in the monopolized commodity markets with a high degree of concentration of supply, the removal of barriers to competition and market entry of other undertakings.
. Opposition to the creation of new monopolistic structures in the redistribution of ownership of the corporate investment policy and the integration process, including the formation of FIGs.
. Distribution of antitrust claims in the financial markets, including banking and insurance, and services.
. Alignment of goals, objectives and measures for the de-monopolization and Competition in the markets, the harmonization of competition law within the common economic space of the CIS, the adaptation of competition policy for Russias entry into the world economic community.in Antimonopoly Policy offers the following steps to de-monopolization of economy and competition:
. To establish antitrust control over the conduct of competitions, tenders, auctions, including the placement of orders for products for state and municipal needs (only in the 1998 financial turnove