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Anti-competitive agreements in Russian courts (2008–2012): antitrust law implementation and interpretation

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  • Andrey Makarov

Abstract

This article analyses antitrust enforcement practice in Russian courts in the area of competition-restricting agreements. The analysis is based on the court decision database of litigations with the Russian competition authority (the Federal Antimonopoly Service (FAS)). In the database litigations that officially started in the period 2008–2012 were included. Final court decisions were evaluated, taking into account litigation duration (sometimes up to 3 years). The database contains 400 cases, including 236 horizontal agreements and 164 other agreements (mostly vertical agreements). Based on the evidence of this database, important features and problems of the interpretation and implementation of competition law in Russia and priority areas of enforcement were identified. Antitrust policy was analysed taking into account the risks of type 1 and type 2 errors, including the problem of flexibility of prohibitions (per se vs Rule of reason (ROR) approaches), standards of proof and the problem of consistency of enforcement.

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  • Andrey Makarov, 2019. "Anti-competitive agreements in Russian courts (2008–2012): antitrust law implementation and interpretation," Post-Communist Economies, Taylor & Francis Journals, vol. 31(3), pages 383-395, May.
    • Handle: RePEc:taf:pocoec:v:31:y:2019:i:3:p:383-395
    DOI: 10.1080/14631377.2018.1537738
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    Cited by:

    1. Yannis Katsoulacos & Svetlana Avdasheva & Svetlana Golovanova, 2021. "Determinants of the (Slow) Development of Effect-Based Competition Enforcement: Testing the Impact of Judicial Review on the Choice of Legal Standards by Competition Authorities," Journal of Industry, Competition and Trade, Springer, vol. 21(1), pages 103-122, March.
    2. Sidorova, Elena & Golovanova, Svetlana & Avdasheva, Svetlana, 2019. "How to measure the quality of court decisions? A case of commercial courts," Applied Econometrics, Russian Presidential Academy of National Economy and Public Administration (RANEPA), vol. 54, pages 126-143.

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