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Реферат The theory and practice of antimonopoly regulation





on of false, inaccurate or distorted information that could cause loss or damage, consumers are not misled about the nature, method, place of manufacture, consumer characteristics and product quality as well as the incorrect comparison of its own product with similar products of competitors. Unfair competition also includes the receipt, use, disclosure of scientific, technical, industrial, commercial information or trade secrets without the consent of the owner., Of course, there is growing interest of entrepreneurs to the protection of business reputation of the enterprise and the legal protection of trademarks by their illegal use. In the anti-monopoly policy prohibitions on anticompetitive actions of governing bodies are widely used. The development of market relations presupposes the elimination of the direct intervention of public authorities in the activities of enterprises. The law prohibits enact legislation and to take actions that limit the autonomy of enterprises, it creates discriminatory or favorable conditions for some over others and thereby restrict competition, affect the interests of businesses or citizens. However, the authorities of the Federation and local authorities admit the numerous violations, including unreasonable provide incentives to restrict the creation of enterprises, introducing restrictions on their activities, the sale or purchase of goods to indicate the priority of certain treaties, arbitrarily set the size of the registration fee, prevent the entry of goods and services "nonresident" of enterprises, and so on.actions by the authorities have economic motives, the desire to please "their" companies, or those who promise financial support for election. Meanwhile, many laws prohibits officials of state power and administration, such as:

. To engage in entrepreneurial activities, to own the company;

. Individually or through their representatives to vote their shares at general meetings of shareholders;

. To combine the functions of executive bodies and local self-government functions of economic entities, as well as to provide them with the functions and powers of these bodies. Also it is not allowed to create ministries, state committees, etc. to monopolize the production or sale of goods, as well as to empower existing agencies the authority, able to limit competition. Therefore, the decision of the executive power and local self-government on the establishment, reorganization and liquidation of enterprises and provision of benefits should be consistent with the antitrust authority. Besides the already mentioned actions in the policy of Russia the registry is widely used as a tool of antitrust control. As a result of the analysis of the commodity market and the proportion of businesses on it (more or less than 35%) are included or excluded from the state registry. MAP does this when it comes to the Russian market as a whole, or its territorial control in the case of regional markets. Registry is made to have the information base on the largest subjects of the market and monitor the implementation of antitrust laws. The registry must enter the enterprise, which is the only manufacturers in Russia, certain types of products. It includes, for example, Bryansk Machine Building Plant (wagons isothermal), "Kalugaputmash" (rail welding machines, cranes laying) and so on. Number of entries in the register of enterprises depends on the boundaries of the commodity market, which is determined by their share. The more details the range of products, the more businesses can be included in the registry. Antitrust authorities identify companies with a significant share in the production of the most important for the economy and social structure-relevant products. But the introduction of the company in the register is not to say that it is a monopoly and should be applied restrictive measures - say, at a price, because the very presence of large enterprises does not mean that they are abusing their dominant position. Moreover, their monopolistic activity is impossible if the market has limited purchasing power or resources for further development. br/>

2.2 The system of state regulation and antitrust law

antitrust policy monopoly legal

Russia has not escaped the negative impact of industries - natural monopoly in the market. In the Russian industry at the moment there are four thousand enterprises-monopolists and their products account for 7% of the total. Of these there are 500 natural monopolies. Examples of natural monopolies in Russia are first of all, RAO "UES of Russia", "Gazprom" and the Ministry of Railways. Their fate is very sharp and of the critical discussion.the general decline of production in Russia, the demand for products and services industries - natural monopoly, except for the communication...


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