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Competition Law №1 - 2014

  • Tot'ev Konstantin Yur'evich,

    Legal strategies of development of antimonopoly legislation in Russia p. 2-8

    Tot'ev Konstantin Yur'evich, professor of the Chair of Entrepreneurial Law of the National Research University "Higher School of Economics”, candidate of juridical sciences

    The article is devoted to two legal strategies of the Russian competition law, based on the principles of ex post and ex ante. The author pays attention to the problems of legal legitimation of these strategies and the characteristics of their application by courts and executive authorities in the sphere of competition regulation. This article analyzes the various arguments in favor of using each of these strategies, as well as shortcomings of these legal principles and legal ways to overcome the mentioned obstacles.

  • Egorova Mariya Aleksandrovna,

    Category "control of a juridical person" as a basic criteria for formation of the group of persons p. 8-13

    Egorova Mariya Aleksandrovna, Academic Secretary of the M.M. Speranskij Law Faculty of the Federal State Budgetary Educational Establishment of Higher Professional Education "Russian Academy of People s Economy and State Service attached to the President of the RF", candidate of juridical sciences, assistant professor of the Chair of Entrepreneurial and Corporate Law, member of the Russian Academy of Juridical Sciences

    The article establishes the contents of categories "the group-forming person" and "the controlling person" with regard to a group of persons for the purpose of antimonopoly regulation; considers different variants of control inside the group of persons based on the right of disposal of powers of subjective rights of corporate contents.

  • Martynova Olga Vasilyevna,

    Abuse of a dominant position, contrary to the terms of reference of the goods on the market p. 14-16

    Martynova Olga Vasilyevna, Assistant of the Department of civil law and process of Vyatka State University of Humanities Competitor of the Department of state legal disciplines of faculty of law of Vyatka State University of Humanities

    Abuse of a dominant position on the market are common offences, the practice of which has a negative impact on the competitive environment and the market economy of the country as a whole. This article is devoted to one of the groups of this kind of abuse, namely, antitrust violations, which attack the turnover of goods.

  • Braynina Natalya Vladimirovna, Chernyakova Dana Vladimirovna,

    Kazakhstan’s Competition-Relevant Legislation Amendments p. 17-23

    Braynina Natalya Vladimirovna, Partner in AEQUITAS Law Firm LLP

    Chernyakova Dana Vladimirovna, Associate in AEQUITAS Law Firm LLP

    The Law "On Amendments to Certain Legislative Acts of the Republic of Kazakhstan on Competition Issues" (hereinafter, the Law) amending a number of current legislative acts1 of the Republic of Kazakhstan (hereinafter, the RK or Kazakhstan), including the Competition Law2, was adopted on 6 March 2013 in Kazakhstan. This article offers an analysis of those amendments, which we deem to be most important for the business.

  • Klaus Viitanen,

    Consumer Law — A Short Introduction to the Development and Main Principles of Finnish Consumer Law p. 23-30

    Klaus Viitanen, LL.D., Docent in Commercial Law University of Helsinki

    The purpose of this article is to give a short overview of the main structures of Finnish consumer law, and at the same time also provide a picture of the Nordic model of consumer protection. The article covers the questions concerning regulation of marketing, consumer contract law and the settlement of consumer disputes.

  • Petrov Dmitrij Anatolyevich,

    The control function of self-regulatory organizations: the content and implementation issues p. 30-35

    Petrov Dmitrij Anatolyevich, Associate Professor of Commercial Law Faculty of St. Petersburg State University, PhD, Associate Professor

    In this article a monitoring function is regarded as a special function that generates a status of self-regulatory organizations. Examines the content a monitoring function, the order of the status of specialized bodies SRO.

  • Lebedev Konstantin Konstantinovich, Petrov Dmitrij Anatol 'evich,

    Commentary to Federal Law of 26.07.2006 №135-AD "On protection of competition" p. 36-48

    Lebedev Konstantin Konstantinovich, assistant professor of the Chair of Commercial Law of the Sankt-Petersburg State University, candidate of juridical sciences, assistant professor

    Petrov Dmitrij Anatol 'evich, Associate Professor of Commercial Law Faculty of St. Petersburg State University, PhD, Associate Professor