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Реферат The theory and practice of antimonopoly regulation





te for foreign investors, supporting small businesses, etc. The state control is important in the process of concentration of capital, financial penalties for violations of antitrust laws. As one of the tools used by antitrust policy is used a prior approval of antitrust authorities in the establishment, reorganization, liquidation, merger of companies, the acquisition of shares (stakes) in the share capital, for operations in the banking market. Prior consent is regarded as an important element of the policy of creating a competitive environment. br/>

Chapter 2. Antitrust regulation in Russia


.1 The formation of antitrust policy in Russia

policy has several key areas:

. Stimulating entrepreneurship

. The development of competition began

. Organizational and legal support for antitrust policyare two methods of antitrust regulation: direct and indirect. The direct method of regulation includes measures eliminating or warning the monopoly position of individual actors in the market. And measures of indirect regulation include mainly financial and lending practices to prevent and overcome the monopoly in the economy. Thus the essence of nearly any antitrust policy is to use the benefits of large-scale economic and neutralize its adverse effects associated with the weakening of competition in commodity and other markets. The specifics of Russian monopolies affected the characteristics of the legislative regulation of their activities. In capitalist countries, the monopoly came when there were already market relations, and the state in order to prevent the strangulation of competition introduced restrictive regulations. The Russian competition legislation was developed with strong monopolies and a developing market relations. Therefore, for our country, it is important not only to limit the monopoly and abuse of dominant position, to enforce the competition rules, to punish their violation, but also create a competitive environment, showing the political will. The first law relating to antitrust economics has appeared in Russia in 1991 - the law "On competition and restriction of monopolistic activity on commodity markets," from March 22, 1991. From 1991 to 1999 a large number of objectively necessary laws was introduced, forming the organizational framework for the regulation of monopolies. For example, the law "On Privatization of State and Municipal Enterprises in the Russian Federation" of July 3, 1991, "The supply of products for federal state needs" from December 13, 1994, "On the financial-industrial groups" ; of 30 November 1995., "On natural monopolies" on August 17, 1995, "On Joint Stock Companies" dated December 26, 1995, "On Noncommercial Organizations" on January 12, 1996, "On Advertising" on July 18, 1996, "Measures to protect the economic interests of the Russian Federation in Foreign Trade" on April 14, 1998 and others, as well as legal acts of the President and the government. But in 1999, eight years after the reforms, antitrust legislation was desperately in need of improvement, mainly on the basis of generalization of enforcement. There was a need to upgrade the entire framework to make it possible to reliably prevent the abuse of market power, infringing the interests of economic entities to apply penalties to businesses and individuals, including officials of the federal and regional executive authorities and local self-government , it is better to regulate the safety and quality of goods and services. As a result of this need, the Russian government in 1999 established the Ministry for Antimonopoly Policy and Entrepreneurship (MAP). It was created on the basis of already existing at the time of the State Committee on Antimonopoly Policy, which failed to achieve tangible progress in establishing a full-fledged competitive environment.consists of several bodies - it includes the Russian Federal Service for Regulation of Natural Monopolies on Transport (FSEMT), Russian Federal Service for Regulation of Natural Monopolies in the field of communication (FSEMS), the State Committee for the Support and Development of Small Entrepreneurship (GEM), and possibly will be included Federal Energy Regulatory Commission (FEC ). But despite all these measures, the level of competition in our country is clearly insufficient. Experts call the reasons for the low level of competition in the RF: has not led, as expected, to the emergence of effective owners, who would have cared about the development of the enterprise; reorganization (restructuring) of enterprises has not been used properly , although could facilitate the mass production of new competitive businesses; business has not received proper development.many countries a small business is a natural basis for the formation of a competitive environment, a ...


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