Qualification of Violations of Antitrust Laws in Parallel Imports of Goods: a Comparative Legal Aspect

Abstract

The practice of the antimonopoly authorities of Russia and foreign countries in relation to violations in the field of parallel imports of goods has been studied. The problems of qualification of this type of offenses (including in the law enforcement practice of a number of foreign states) in terms of vertical agreements and abuse of dominant position are identified. The authors conclude that the positions of the antimonopoly authorities of Russia and a number of foreign countries are similar on the issue of abuse of the right of legal monopolies for trademarks: a legal monopoly for trademarks should not be a basis for abuse of the right by the right holder and restriction of the possibility of free movement of goods and services marked with trademarks. According to the authors, it is advisable to use the experience of foreign countries when qualifying violations in the field of parallel imports to Russia.