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Реферат The theory and practice of antimonopoly regulation





strial groups. The same Russian antimonopoly legislation seeks to prohibit agreements that restrict competiti on, which include:

. Agreements that prevent the entrance of other companies on the market;

. Refusals to sign contracts with certain sellers or buyers;

. Agreement on the division of the market on a territorial basis, or range of products sold;

. The price agreement.with restrictions on competition harmful to the conclusion of agreements and the abuse of dominant position to deal with the restriction of competition it is used for the control of economic concentration. It is the result of the creation, reorganization or merger of enterprises and associations, or when there is an opportunity for a group of organizations to conduct a coherent policy on the market. According to the law "On competition and restriction of monopolistic activity on commodity markets," if the company reaches a certain threshold in terms of operations, it must obtain the consent of the antimonopoly authority for their actions (pre-control) or to inform him about them (follow-up). activities are pre-controlled: creation, merger and acquisition of commercial organizations, associations, unions and associations, if their assets exceed one hundred thousand minimum wage; and separation (selection) of state and municipal unitary enterprises whose assets are more than 50 thousand minimum wages, if it leads to the company, whose share in the commodity market exceeds 35% (except in cases where the company is liquidated by a court). addition, prior approval is required when: ) The person (group of persons) acquires shares with voting rights in the charter capital of a business entity if it gets the right to dispose of more than 20% of such shares. This requirement does not apply to the founders of the economic society at its formation ;) One enterprise (group of persons) acquires the ownership or use of the basic production funds or other intangible assets of the enterprise and the carrying value of property is the subject of the transaction exceeds 10% of book value of these funds and assets of the enterprise alienating the property ;) A person (group of persons) acquires the rights, allowing to determine the conditions of doing business venture or as its executive body.these three cases, prior approval must, if the aggregate book value of assets of persons involved in transactions exceeding 100 thousand minimum wages, or one of them is the company entered in the register of economic entities, which share a particular product on the market exceeds 35% , or acquirer is a group of persons that controls the activity of the enterprise.creating a new entity exempt from the founders of the preliminary review, however, they must notify the competition authority to establish the company within 15 days after registration. If the creation of new firms leads to a restriction of competition, the MAP may require the founders to restore the original conditions. If they fear the negative consequences of competition for their actions, they may apply to the MAP to register and get an opinion. The Russian anti-monopoly law does not allow the action or transaction which may result in the establishment or expansion of market power by a commercial organization, if the negative effects on competition are not compensated by increasing its competitiveness in domestic and international markets. Therefore, the control does not prevent the integration of Russian businesses to compete with foreign firms.at the same time, often creating, consolidation, merger or liquidation of business entities and acquisition of shares often are held in violation of the antitrust laws. In general, we can say that control of the activities of the antimonopoly authority is not effective yet. It does not draw the line ministries for the competition policy in industries that do not have investigative powers (unlike, for example, the Japanese Fair Trade Commission), it is difficult to obtain the required information. The agreement between the SSC and the State Tax Service to share information and help each other is hardly satisfied. The courts do not apply the article of the Criminal Code, under which the offender is able to establish monopolistic restrictions on competition may be deprived of liberty for a term of 2 to 7 years. The article also does not work because employers are not willing to file complaints and work with law enforcement and anti-monopoly agency has no activity in filing claims for such violations. The prohibition of unfair competition is also important for competition policy. This act is aimed at the acquisition of the benefits that are contrary to law, business traditions, requirements of fairness, reasonableness and fairness, and that caused (can cause) damage to competitors or damaged their business reputation. It is about the disseminati...


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