Abstract

The article analyzes some provisions of bill No.160280-8 On the Amendment of the Federal Law On Protection of Competition (in Terms of Improvement of Antimonopoly Regulation of Digital Markets) passed on its first reading, also known as the fifth antimonopoly package. The author believes that the current version of the bill has some drawbacks that lower the potential efficiency of the suggested provisions to say the least, and in the worst-case scenario, make these provisions harmful, able to undermine the entire competition-based legal system. Some drawbacks are major ones but can be easily corrected before the bill becomes the law. Whereas other drawbacks can cease to be drawbacks in the event of specific interpretation of the proposed provisions and specification of the latter in regulations. The article analyzes the network effect concept and digital platform domination criteria stipulated in the current (2022) and previous (2018) versions of the fifth antimonopoly package. The author reviews the reasons for differences and similarities of these versions.

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