IDEAS home Printed from https://ideas.repec.org/a/ers/journl/vxxiy2018ispecial2p218-229.html
   My bibliography  Save this article

The Сonstitutional Foundations of Antitrust Regulation: A Comparative Analysis

Author

Listed:
  • Alimov D.A.
  • Barinov E.E.
  • Berlyavskiy L.G.
  • Golovko A.G.

Abstract

This article is devoted to the study of the constitutional foundations of antitrust regulation. As an subject for this study, the authors have chosen the rules of the Constitution of the Russian Federation, the constitutions of foreign countries (USA, Western Europe), which have served as the source for adopted on their basis legislative acts on the protection of competition and the restriction of monopolistic activity in commodity markets. Based on the use of the comparative legal method, the authors have identified five stages of development of the constitutional basis of antitrust regulation, and models of antitrust legislation. The Antimonopoly provisions of the Constitution of the Russian Federation, decisions of the Constitutional Court of the Russian Federation on the issues of Antimonopoly regulation are presented. This article discusses the controversial aspects of the topic, the constitutional principles of the state antitrust policy. As a result of this study, the authors have come to the conclusion that the constitutional right to fair competition and protection from unfair competition is one of the social and economic human rights that can be found in the legal positions of the Constitutional Court of the Russian Federation.

Suggested Citation

  • Alimov D.A. & Barinov E.E. & Berlyavskiy L.G. & Golovko A.G., 2018. "The Сonstitutional Foundations of Antitrust Regulation: A Comparative Analysis," European Research Studies Journal, European Research Studies Journal, vol. 0(Special 2), pages 218-229.
    • Handle: RePEc:ers:journl:v:xxi:y:2018:i:special2:p:218-229
    as

    Download full text from publisher

    File URL: https://www.ersj.eu/journal/1231/download
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. repec:ers:journl:v:special_issue:y:2018:i:1:p:41-50 is not listed on IDEAS
    2. L.G. Berlyavskiy & A.G. Golovko & L.Yu. Kolushkina & M.Yu. Ponezhin, 2018. "The Formation of Constitutional Economics as a Scholarly Direction," European Research Studies Journal, European Research Studies Journal, vol. 0(Special1), pages 41-50.
    3. Mina Hosseini, 2015. "An Introduction to Iranian Competition Law and Policy," Antitrust Chronicle, Competition Policy International, vol. 4.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.

      More about this item

      Keywords

      Constitutional basis; anti-monopoly regulation; legislation; protection of competition; restriction of monopolistic activities; Constitutional Court of the Russian Federation; constitutional-legal concept; legal position.;
      All these keywords.

      JEL classification:

      • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
      • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
      • K39 - Law and Economics - - Other Substantive Areas of Law - - - Other
      • K - Law and Economics
      • Z18 - Other Special Topics - - Cultural Economics - - - Public Policy

      Statistics

      Access and download statistics

      Corrections

      All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:ers:journl:v:xxi:y:2018:i:special2:p:218-229. See general information about how to correct material in RePEc.

      If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

      If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

      If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

      For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Marios Agiomavritis (email available below). General contact details of provider: https://ersj.eu/ .

      Please note that corrections may take a couple of weeks to filter through the various RePEc services.

      IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.