Not everybody knows that where there is demand, there is always an offer.If companies are ready to meet the needs of consumers, more than one, it indicates the presence on the market is no such thing as competition.With its help hold down prices, quality and quantity.If a company or organization that offers the public a particular kind of product or service, there is only one, then it is likely the emergence of so-called monopoly (from Greek means "one seller").
positive and negative aspects of the company's presence on the market-dominant
On the one hand, the presence of such a phenomenon has beneficial effects on the development of science and technology, allows to introduce the latest technology to pour in the training of skilled workers, etc.On the other hand, the monopolization of a particular sector of the economy has a number of negative aspects.Thus, the first and most important is the suppression of the driving force of the market progress - competition.
second factor smoothly follows from the previous one.Lack of competition makes it possible to set prices that will be acceptable primarily for the enterprise.That is likely to increase the cost of goods while reducing the amount of its release.Companies-monopoly able to artificially slow down the development of new technologies, as well as ruin the natural resources and pollute the environment.
Any attempt to medium or small business of a similar nature to unwind and get into the market is eliminated.How then to deal with monopolies?How can we support the development of competition and prevent the possibility of the appearance alone leading firms in the market?To prevent all the negative consequences associated with the monopolization of the economy in many countries around the world, including in Russia, there are antitrust laws.Let's take a closer look, it is this area of law, where it came from and what its development.
History of origin
Antitrust is a collection of different activities, the effect of which is aimed at preventing and limiting the formation and development of monopolies.The complex of these attacks originated in the United States.The source of their appearance is the so-called act of Sherman (Sherman's act), or "antitrust" law signed in the United States in 1890.This document declared ineligible and criminalize any attempt to create a monopoly.In addition, the act imposes restrictions on alliances (trusts), aims to reduce competition.This law was the first brick in the foundation of a sound system called "Anti-monopoly law."
responsibility for making decisions about these or other violations of the act attributed to the government.That is a special service, monitors the implementation of the items of the document at the time it was not.It is worth noting also that there was no system involving the prevention of non-compliance sections of the contract.Gradually, the development of anti-monopoly legislation is gaining momentum.
New additions and clarifications
All inaccuracies occurred in Sherman Act, were corrected in 1914, when the law came into force and the Clayton Act FTC Federation States.They more clearly understand and have been prescribed the basic definitions, control measures and responsibility for the violation of the terms.These documents form the basis of antitrust policy.
Behind America's measures to increase competition, and other countries have taken.In 1948, the UK was declared the law on monopolies.Then, in 1963, the Antitrust Act was signed in France.A year later - in Italy.Eastern Europe to join the fight against monopolies in the 80-ies of the last century.Among the countries that supported the process of eradicating trestovskih unions was, and Russia.
noteworthy that each country has its own priorities for the development of the economy that supports this law: the antitrust laws of both the United States and Europe, though there was one document, but protects the interests of the various spheres.
American model is aimed at countering the emergence of trusts as an independent unit.For European policy is characterized by a regulatory mechanism that allows you to deal with the negative phenomena in emerging monopolies.
artificially created by the dominant organization and attempts to deal with them
noteworthy that the Russian monopoly began to appear with the blessing and on the orders of the ruling elite.State independently create unions and trusts, but only in those sectors of the economy, the development of which has been a priority for the growth of the welfare of the whole country.These include the following: transportation, petroleum and coal industry, metallurgy, etc.Gradually, however, by artificially trusts began to harass other businesses and the government to dictate its own conditions.That is why public authorities have decided to introduce in the economy of the antitrust laws.This happened in 1908.For a basis it was already known to Sherman Act.However, the first attempt to create an anti-monopoly policy has failed.This was contributed by many business associations.Soon the state organs were busy with more important issues: the First World War and the October Revolution have jeopardized the existence of the entire country.
After some time, the Soviet government created its own monopoly of a single called "command economy."The competition was not.And who would dare to compete with giants like Gosplan, and Gossnab Goskomtsen?
«Great-grandfather" FAS
Shortly before the collapse of the USSR, in 1990, at the governmental level was established the State Committee of the Russian Soviet Federative Socialist Republic on antimonopoly policy and support the development of new economic structures.This formation is the ancestor of such a unit, the Federal Antimonopoly Service (FAS).A prerequisite for the emergence of the committee was the approval of the RSFSR Law "On republican ministries and state committees of the country."Ever since the development of antitrust agencies in the country began to gain momentum.
early as next year, 1991, the government passed a law to regulate competition and restrict the activities of trusts and various unions in the commodity markets.The resolution was amended and completed four years later.The end result of this law prohibits any action organization occupies a privileged position in the market if they entailed:
1. Infringement of harassment or interests of other traders.
2. Limitation of implicit or explicit competition.
In addition, this action prohibits any agreements relating to the pricing policy, section niche market or the seizure of goods, entailing their deficit.
Two years later, in 1997, the State Committee of the Russian Soviet Federative Socialist Republic on antimonopoly policy and support the development of new economic structures was renamed the State Antimonopoly Committee.In just a few years, this division has undergone numerous changes.In 2004 on its base it was established and has come down to our days, the Federal Antimonopoly Service.
functions and tasks of the organization
This department reports directly to the Prime Minister of the country.When considered together, the Federal Antimonopoly Service of the resolution of issues in one way or another connected with the emergence and development of monopolies.In particular, this unit:
1. Resolves issues related to unfair competition.
2. engaged in the suppression and the prevention and limitation of actions resulting in the emergence of monopolies.
3. Monitors compliance with all existing requirements and regulations relating to antitrust laws.
All organizations operating in the Russian market, with sales of more than 35% of the total in the country, entered into a special state register.This list allows FAS to exercise proper control over the activities of monopolies and hold them accountable for the violation of antitrust laws.
Regarded Service develops new proposals to improve the development of a competitive economy.It also differentiates the use of these measures, depending on the scope of the market.
Different interpretations
Currently, Russia committed steps to create a full-fledged competitive environment of the national economy.They include promotion of goods on the world market, reducing the risk of trusts or associations in some niche market.At this stage of the antitrust laws of the Russian Federation is far from perfect.Numerous pitfalls of existing regulations and different interpretations of their points lead to negative consequences, the responsibility for which lies with the government and businessmen.Even the most minor violation of antitrust laws can result in serious damage.
federal law that is necessary to know: the first part
Forewarned is forearmed.That is why large organizations should know the rules and laws, which includes the federal antitrust laws.
There are two main areas that are subject to the regulation of the activities of organizations.The first branch is the anti-monopoly legislation, the provisions of which are directed against a dominant company and it is artificially created by the pricing.This area is governed by the following regulations:
1. Federal Law "On competition and restriction of monopolistic activity on commodity markets."This act came into force on the twenty-second in March 1991.It is the main document, by which the control of monopolists.
2. Federal Law "On Protection of Competition in the financial services market."It was adopted by the twenty-third in June 1999.
federal law that is necessary to know: the second part
next branch, which affects the antimonopoly legislation in Russia is to regulate the working processes of natural monopolies.The latter include the railway and water supply, housing and other strategic organizations.The operation of this type of objects based on several legal acts:
1. Federal Law "On natural monopolies".It was adopted in mid-July 1995 the State Duma.And it entered into force a little later - August 17.He then repeatedly subjected to adjustments and additions.
2. Accepted April 28, 1997 decree of the President of the Russian Federation "On the reform of housing and communal services."
3. twentieth day of December 1997, it was signed by the Russian Federation Government Resolution "On the Programme of de-monopolization and development of competition in the market of housing and communal services for 1998-1999."
4. Federal antitrust laws also regulated by Presidential Decree "On the development of competition in the provision of services for the maintenance and repair of public and community housing," which came into force at the end of March 1996.
worth noting that both the first and second directions are strictly enforced and at the regional level.Russian anti-monopoly legislation in the field has no fundamental differences from the general provisions in force throughout the country.The adoption of additional instruments at the regional level only shows the desire of the federal executive bodies to give legitimacy to the decisions of a few selected areas of the state.
should pay particular attention to the fact that antitrust law has a number of limitations that restrict the freedom of decision-making by various business entities.And, most interestingly, it is unique in comparison with other legal systems of Russia, rather abstract structure.The latter, in turn, consists of a series of abstract concepts.
Primary Act
Twenty-second of March 1995 by the Government of the RSFSR adopted a law "On competition and restriction of monopolistic activity on the commodity markets."For several decades, this act was supplemented and revised.In the following articles of the document and began to define the basic principle of the mechanism called "Antitrust".
Initially ruling consisted of seven sections.Gradually some of them have been replaced by separate laws, while others are simply invalid.However, it is this document is fundamental to the formation of anti-monopoly policy in Russia.
brief look at what each section of the act:
1. The first part of the law known as "General Provisions".It consists of four articles that tell of / on:
a) to pursued this resolution, and such a mechanism as antitrust law, as well as its structure;
b) the scope of the law;
c) the competition authorities of the federal and regional levels;
g) the basic concepts that are found in the text of the document.
2. The second section is the main and most important for the organizations.It describes the nature and are possible signs of the presence of the company's market leading monopolistic activities.Articles 5-9 regulate the work of organizations with dominant position in a particular area of the economy.
3. Consisting of a third section of the article of the law talks about concepts such as unfair competition and antitrust law as a means to combat it.
4. The fourth part of the law consists of six sections.Each of them in turn answers to the following questions:
a) what are the tasks and functions of the antimonopoly body;
b) that include its powers;
c) what are the rights body in obtaining information of various kinds;
g) whether to provide data to the higher authorities;
etc.) that include responsibilities of the antimonopoly authority on the issue of maintenance of commercial confidentiality;
e) what is the promotion of the development of entrepreneurship and competition.
5. The fifth section reveals to the reader a different kind of state control over the enterprises-monopolists.It comprises four parts.
6. Next, the responsibility for violation of antitrust laws.Composed of six parts, this section provides a complete and comprehensive concept of / on:
a) Compulsory execution of regulations and orders issued by the antimonopoly body;
b) the kinds of liability for violation of the antitrust laws;
c) liabilities of commercial and non-profit enterprises in the event of failure points by the act;
g) liability for violation of the law and the leaders of other parties;
d) recovery of damages;
e) the responsibility of the federal antimonopoly authority in case of violation of provisions of the law.
7. The last section establishes the procedure for the adoption, execution or review regulations that have been issued by the antimonopoly authority.
Such is the structure of the original law regulating dominant companies.Gradually, many of the articles of this document have become full-fledged individual acts.
Methods of checking violations of antitrust laws
is noteworthy that the majority of the law does not prohibit the act itself as such, and the effect that can occur after it.This fact entails enormous difficulties not only for business entities, and other persons and organizations.
main difficulty arises in determining the list of actions that can lead to various kinds of negative consequences, affecting the antitrust laws and regulation of business processes.
