Prohibition of Monopoly High Price Fixation: Economic Basis, Scenarios and Antitrust Law Novations

In 2008-2009, the Federal Antimonopoly Service has developed, and the Russian Government submitted to the Federal Assembly of the second package of proposals to change the rules of the antimonopoly legislation, which reflected the wide range of issues, ranging from the modification of the rules of administrative responsibility for violation and ending with the definition of basic concepts, used to qualify the state of competition in the product market, the situation in the market of an economic entity or group of persons, as well as their behavior. Among the proposed changes - the criteria for determining monopolistically high prices. From the legislative definition of monopolistically high prices depend not only on the requirements for standards of proof and allocation of the burden of proof between the parties to the administrative and judicial processes, but also the probability of errors of the first and second kind, which the authors of this article have repeatedly said in relation to the assessment of status and trends of competition law and the practice of its application.