ANTITRUST LAWS.
Formation of the market and market relations is the development of competition, restriction and suppression of monopolistic activity of economic entities.
Monopolization of the economy and contributes to the development of competition, AZ
In countries with market economies for centuries are the antimonopoly laws (antitrust). In Russia, the first law aimed at restricting, suppression and prevention of monopolistic activity, was the RSFSR Law "On competition and restriction of monopolistic activity on commodity markets".
AZ is the basis for the regulations of different legal force. The importance for the application of AZ have the decision of the Russian Government dated 19 February 1996 "On the register of economic entities having on
certain commodity market share of over 30 percent, "" Rules of cases of violations of antimonopoly
law "and a number of other regulations.
Implementation of anti-monopoly policy lies with the Ministry of the Russian Federation for Anti-Monopoly Policy and Support of Entrepreneurship and subordinate territorial management that make a unified system, since territorial authorities are not included in the structure of executive bodies of subjects of the Federation and are independent from them.
In the antitrust authorities entrusted with two functions: creative and repressive -assistance development of competition and entrepreneurship; State control over the observance of AZ, prevention, restriction and suppression of monopolistic activity.
AZ the upper limit - the share, the presence of which on the market is sufficient to characterize the sign of the position of an economic entity as the dominant (absolute dominance), as well as the lower limit, if not beyond which excluded
recognition of its dominant position. The lower limit is considered to be 35% of the market share, the upper limit of - 65%.
AZ enshrines the concept of joint dominance, using the concept considered as a single economic entity a group of persons, conducting coordinated policy.
AZ provides both the general prohibition to carry out monopolistic activity and compositions violation tions, the most typical for businesses or government bodies, local self-government.
AZ clearly demarcates the powers of the antitrust authorities of the powers of the executive bodies of the state. In carrying out preliminary control of the concentration of production and capital antitrust authorities only give consent to the merger and acquisition of commercial organizations and state registration is carried out by other authorized bodies.
Antitrust authorities may give economic entities,
executive authorities, local governments, their officials
mandatory orders to cease violations AZ and elimination of their consequences, on cancellation and modification of contracts that contradict the AZ, the cancellation or modification of illegal acts of management, etc. At the same time, antitrust authorities can not take decisions on the recognition of a civil contract, or
improper management act
invalid, recover losses caused by violation of AZ or unfair competition.
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