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Legal Nature and Features of the "Competition" Concept in the Russian Federation


Alexander D. Baydarov
Abstract

Relevance: The study of the legal nature and legal specifics of the "competition" concept in the Russian legislation is relevant due to the development of competition law and alterations in the litigation practice of the Russian supreme courts interpreting such concepts as "competition", "competitive behavior" and "anti-competitive behavior". The authors of the article substantiate that the previous definition of monopolistic activity enshrined in Law of the RSFSR No. 948-1 "On Competition and Limitation of Monopolistic Activity in Commodities Markets" seems to be more elaborate and correct. Being prohibited by antitrust laws, monopolistic activity has more negative consequences because it aims at preventing, restricting or eliminating competition. The existing legal structure is not dynamic and does not meet the conditions of a rapidly changing market. Thus, business entities can apply actions typical of monopolistic activity but they are not of such kind due to the absence of a direct indication in law. Study Objective: The article aims at developing the functional-legal approach to defining the legal nature of the "competition" concept and its legal specifics, as well as to determine monopolistic activity and anti-competitive behavior as unlawful acts committed by an economic entity (a group of economic entities) to prevent, restrict or eliminate competition. Methods: The main research method is deduction, which allows studying the legal nature and features of the "competition" concept in modern Russia. The article also utilizes the inductive method, the method of systematic scientific analysis, comparative-legal and historical methods. The main method is intended to solve the above-mentioned problem and study the legal basis of competition as an object of administrative regulation. Results: The article proves that the issue of determining the legal nature and specifics of the "competition" concept has not been theoretically resolved. The authors have developed an original concept of "competition" and defined it as interaction among business entities regulated by law and aimed at obtaining the most favorable conditions for the sale of goods (work, services) and other benefits when conducting entrepreneurial activity on the corresponding commodity market.

Volume 12 | 05-Special Issue

Pages: 379-386

DOI: 10.5373/JARDCS/V12SP5/20201770