Standards of Behavior of the Dominant Person in Contractual Relations

Abstract

In contractual relations, the dominant person does not have the right to impose unfavorable conditions on the counterparty. However, the concept of “imposing unfavorable terms of the contract” has no legal definition. The Supreme Court, in its Plenum Resolution No. 2 dated March 4, 2021 “On Certain Issues Arising in connection with the Application of Antimonopoly Legislation by Courts”, indicates that the very offer of unfavorable conditions is not an abuse.It follows from this legal position that the courts have some criteria that allow individualizing the imposition of unfavorable terms of the contract and separating it from permissible contractual practices. Therefore, we can talk about some antitrust standards of behavior that a dominant person should follow when concluding a contract. The article attempts to formulate the basic standards of such behavior.