Conceptual Problems of Identifying Monopolistic Agreements and Other Monopolistic Actions

Abstract

Introduction. The article is devoted to conceptual issues and problems of identifying monopolistic agreements and other monopolistic actions in the context of the tasks of applying the methodology of economic and legal analysis in antimonopoly law and practice for the purpose of improving the effectiveness of antimonopoly policy, improving the quality of resolving administrative and judicial cases arising from the application of antimonopoly legislation. Theoretical Basis. Methods. The theoretical basis of this article is the works of domestic and foreign researchers in the field of jurisprudence and economic sciences, primarily the methodology of economic and legal analysis, the economic analysis of competitive markets and antimonopoly regulation, public, primarily administrative and administrative procedural law, antimonopoly (competition) law, business law and related scientific fields. The methodological basis of this research is a complex of philosophical, general scientific and private scientific methods of cognition, including the balance of interests as a based on the convergence of legal ideas of justice and interest philosophical basis for developing optimal legal solutions in regulation and law application, dialectical, hermeneutic, formal legal, comparative legal, comparative historical, economic and legal analysis, legal sociology, etc. methods. Special attention is paid to the method of economic and legal analysis. Results. Using the elements of a retrospective comparative-historical analysis, the differences of the modern system of antimonopoly regulation are revealed, the peculiarity of which is the ontological connection of law and economics. This determines the need to create conditions for the integration of high-quality economic and legal analysis sufficient for the objective resolution of antimonopoly cases into the current system of means of countering monopolistic activity, as well as the resolution by courts and administrative bodies of various categories of cases arising from the application of antimonopoly legislation. From the standpoint of the principles of balance of interests, proportionality (efficiency, rule of reason), economic and legal analytical approach to assessing the legality of market behavior, law enforcement practice, official acts of judicial interpretation, especially the “antimonopoly” resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 of March 4, 2021, are considered. Its importance for the further implementation of the economic and legal analytical method in antimonopoly science, legislation, practice in order to increase the effectiveness of antimonopoly policy, to ensure the socio-economic interests of citizens, society, and the state is emphasized. Discussion and Conclusion. As a result of the study, proposals aimed at ensuring constitutional goals and values in antimonopoly regulation and practice related to the implementation of the economic and legal analytical approach, ensuring the principles of balance of interests and proportionality (efficiency, rule of reason), including proposals to amend Article 13 of the Law “On Protection of Competition”, correction of the objectives of antimonopoly legislation, the use of economic expertise in the antimonopoly process, etc. In particular, the proposals on the need to expand the scope of Article 13 of the Law “On Protection of Competition”, revision of the concept of per se in Russian antimonopoly regulation and law enforcement are substantiated.