Antimonopoly legislation. Federal Antimonopoly Service. State Antimonopoly Policy

It's no secret to anyone that where there is demand, there is always a proposal. If companies that are ready to meet the needs of consumers, more than one, then this indicates the presence on the market of such a concept as competition. With its help, prices, quality and quantity of goods are kept. If a company or organization that offers a particular type of product or service to the public exists in a single copy, then the appearance of a so-called monopoly (in Greek, "one seller") is likely.

Positive and negative aspects of the presence in the market of the dominant company

On the one hand, the existence of such a phenomenon has a beneficial effect on the development of science and technology, allows the introduction of new technologies, pouring money into 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. So, the first and most important is the suppression of the driving force behind the development of market progress - competition.

The second factor flows smoothly from the previous one. The absence of competition allows setting prices that will be acceptable first of all for the enterprise. That is, there is a possibility of an increase in the value of the goods with a decrease in the volume of its release. Firms-monopolies are able to artificially slow down the process of development of new technologies, and also ruin natural resources and pollute the environment.

Any attempt of medium or small business of a similar nature to unwind and enter the market is eradicated. How in this case to struggle with monopolies? How can you support the development of competition and prevent the emergence of solely leading companies in the market? To prevent all negative consequences associated with the monopolization of the economy, in many countries of the world, including in Russia, there is antitrust legislation. Let's take a closer look at what this sphere of law is, where it came from and what its development is.

History of origin

Antimonopoly legislation is a combination of various activities whose operation is aimed at preventing, as well as limiting the formation and development of monopolies. A complex of these acts originated in the United States. The source of their appearance is the so-called Sherman's act, or "antitrust" law, signed in America in 1890. This document proclaimed any attempt to create a monopoly unauthorized and criminally punishable. In addition, this act imposed restrictions on the creation of unions (trusts), aimed at reducing competition. This law was the first brick in the foundation of a solid system called "Antitrust Legislation".

Responsibility for making decisions about any violations of the act was placed on the government. That is, there was no special service monitoring the implementation of the paragraphs of the document at that time. It should be noted that there was also no system providing for the prevention of non-compliance with the paragraphs of the treaty. Gradually, the development of antimonopoly legislation gained momentum.

New additions and explanations

All the inaccuracies that occurred in the Sherman Act were amended in 1914, when the law of Clayton and the law of the Trade Commission of the Federation of States entered into force. In them, the basic definitions, measures of struggle and responsibility for violation of conditions were more clearly and clearly defined. These documents formed the basis for the antitrust policy of the United States.

Following America, measures to increase competition have been made by other states. In 1948 in Great Britain the law on monopolies was proclaimed. Then, in 1963, an antitrust act was signed in France. A year later, in Italy. Eastern Europe joined the fight against monopolies in the 1980s. Among the countries that supported the process of eradicating the trust unions, was Russia.

It is noteworthy that each country has its own priorities in the development of the economy, which supports this law: the anti-monopoly legislation of both the United States of America and Europe has come from one document, but it protects the interests of various spheres.

The American model is aimed at countering the emergence of trusts as an independent unit. European policy is characterized by a regulatory mechanism that allows you to deal with negative phenomena in the emerging monopolies.

Artificially created dominant organizations and attempts to combat them

It is noteworthy that in Russia the monopolies began to appear with the blessing and on the orders of the ruling elite. The state independently created alliances and trusts, but only in those sectors of the economy whose development was of primary importance for the growth of the welfare of the whole country as a whole. These include the following: transport, oil and coal industry, metallurgy, etc. However, gradually created artificially the trusts began to oppress other enterprises and dictate to the government their own conditions. That is why the state authorities decided to introduce anti-monopoly legislation into the economy. This happened in 1908. The basis was taken already well-known act Sherman. However, the first attempt to create an antimonopoly policy failed. This created a lot of associations of entrepreneurs. Soon the state bodies were occupied with more significant problems: the First World War and the October Revolution threatened the existence of the whole country.

After a while, the government of the USSR created a single own monopoly called "command economy". There was no competition. And who would dare to compete with such giants as Gosplan, Gossnab and Goskomtsen?

Grandfather FAS

Shortly before the collapse of the USSR, in 1990, at the governmental level, the State Committee of the Russian Soviet Federative Socialist Republic was established on issues of antimonopoly policy and support for the development of new economic structures. This education is the progenitor of such a unit as the Federal Antimonopoly Service (FAS). The prerequisite for the appearance of the committee was the adoption of the law of the RSFSR "On the Republic Ministries and State Committees of the Country." Since then, the development of antimonopoly structures on the territory of the country has been gaining momentum.

Already in the following year, 1991, the government adopted a law that regulated competition and limited the activities of trusts and various unions in commodity markets. The decision was amended and supplemented four years later. In the end result, this law prohibited any actions of the organization occupying a privileged position in the market, if they entailed:

1. Infringement or oppression of interests of other participants of trade.
2. Limitation of explicit or implicit competition.

In addition, this decree prohibited any contracts relating to pricing policy, the division of the niche market or the seizure of goods, causing their shortage.
Two years later, in 1997, the State Committee of the Russian Soviet Federative Socialist Republic on issues of antimonopoly policy and support for the development of new economic structures was renamed the State Antimonopoly Committee. For several years, this unit has undergone numerous changes. In 2004, on its basis, the Federal Antimonopoly Service, which has survived to this day, was created.

Functions and tasks of the organization

This department directly reports to the chairman of the government of the country. If considered in aggregate, the Federal Antimonopoly Service is engaged in settling issues, one way or another related to the emergence and development of monopolies. In particular, this unit:

1. Solves issues related to unfair competition.
2. It is engaged in the suppression, as well as with the limitation and prevention of actions that entail the emergence of monopolies.
3. Controls compliance with all available requirements and regulations relating to antitrust laws.

All organizations operating on the Russian market, whose sales amount to more than 35% of the total for the country, are listed in a special state register. This list allows the FAS to exercise proper control over the activities of the monopolies and to hold them responsible for violating the antimonopoly legislation.

The service in question is developing new proposals to improve the development of a competitive economy. It also differentiates the use of these measures depending on the market.

Different interpretations

At present, steps are being taken in Russia to create a fully fledged competitive environment for the national economy. They provide for the promotion of goods on the world market, reducing the risk of the emergence of trusts or unions in a particular market niche. At this stage of development of the antimonopoly legislation 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 slightest violation of the antimonopoly legislation can lead to serious damage.

Federal laws that you need to know: the first part

Who is forewarned is armed. That is why large organizations should know the rules and laws that contain federal antitrust laws.

There are two main areas for regulating the activities of organizations. The first branch includes antimonopoly legislation, the provisions of which are directed against the dominant company and artificially created by it pricing. This direction is regulated by the following resolutions:

1. Federal Law "On Competition and Restriction of Monopolistic Activity in Commodity Markets". This act entered into force on March 22, 1991. It is the main document, which controls monopoly organizations.

2. Federal Law "On Protection of Competition in the Financial Services Market". It was adopted on June 23, 1999.

Federal laws that you need to know: the second part

The next branch, which affects the antimonopoly legislation in Russia, is the regulation of the working processes of natural monopolies. The latter include the railway and water supply, utilities and other strategically important organizations. The functioning of such objects is based on several legal acts:

1. The Federal Law "On Natural Monopolies". It was adopted in mid-July 1995 by the State Duma. And came into force somewhat later - on August 17. Then he was repeatedly amended and supplemented.

2. The decree of the President of the Russian Federation "On the reform of housing and communal services" adopted on April 28, 1997.

3. On December 20, 1997, the Government of the Russian Federation signed a decree "On the Program of Demonopolization and Development of Competition in the Market of Housing and Communal Services for 1998-1999".

4. Federal antimonopoly legislation is also regulated by the decree of the President of the country "On the development of competition in the provision of services for the operation and repair of state and municipal housing funds," which came into force in late March 1996.

It is worth noting that both the first and the second directions are strictly implemented at the regional level. Russian antimonopoly legislation on the ground does not differ in principle from the general situation that operates throughout the country. Adoption of additional acts at the regional level indicates only the desire of the executive bodies to give federal decisions a legitimate character in certain separate areas of the state.

It is necessary to pay special attention to the fact that the antimonopoly legislation has a number of restrictions that restrict freedom of decision-making by various subjects of economic activity. And, most interestingly, it has a unique, in comparison with other legal systems of Russia, a very abstract structure. The latter, in turn, consists of a number of abstract concepts.

Description of the main instrument

On March 22, 1995, the government of the RSFSR adopted the law "On Competition and Restriction of Monopolistic Activity in Commodity Markets". For several decades, this act was supplemented and revised. Later the articles of the document began to define the basic principle of the mechanism called "Antimonopoly Legislation".

Initially, the resolution consisted of seven sections. Gradually some of them were replaced by separate laws, others simply lost force. However, this document is the main one in the formation of the antimonopoly policy of Russia.
Let's briefly consider what each section of this act contains:

1. The first part of the law is called "General provisions". It consists of four articles that narrate about / about:
A) the objectives pursued by this resolution, and on such a mechanism as the antimonopoly legislation, as well as its structure;
B) the scope of the law itself;
C) antimonopoly bodies of federal and regional scale;
D) the basic concepts that are found in the text of the document.

2. The second section is the main and most important for organizations. It describes the character, and also gives possible signs of the presence on the market of a company that has a monopoly activity. Articles 5-9 regulate the work of organizations that occupy a dominant position in this or that sphere of the economy.

3. The third section of the law, consisting of one article, tells about such concepts as unfair competition and antimonopoly legislation as a means of combating it.

4. The fourth part of the law consists of six sections. Each of them in turn gives answers to the following questions:

A) what are the tasks and functions of the antimonopoly authority;
B) what are its powers;
C) what are the rights of the body in obtaining information of various kinds;
D) whether it is necessary to provide data to higher authorities;
E) what includes the duties of the antimonopoly authority in respect of compliance with commercial secrets;
E) what is the assistance of bodies in the development of entrepreneurship and competition.

5. The fifth section reveals to the reader various types of state control over monopoly enterprises. It contains four parts.

6. The following describes the liability for violation of the antimonopoly legislation. Composed of six parts, this section gives a complete and comprehensive concept of / about:

A) mandatory enforcement of orders and orders issued by the antimonopoly authority;
B) types of liability for violation of antimonopoly legislation;
C) obligations of commercial and non-commercial enterprises in case of failure to comply with the provisions of the act in question;
D) liability for violation of the law by managers and other persons;
E) recovery of losses;
E) Responsibilities of persons of the federal antimonopoly authority in case of violation of the provisions of the law.

7. The last section establishes the procedure for the adoption, execution or appeal of orders issued by the antimonopoly authority.

This is the structure of the original law governing the activities of the dominant organizations. Gradually many articles of this document became separate full-fledged acts.

Methodology for the verification of antimonopoly violations

It is noteworthy that for the most part this law prohibits not the action itself, but the effect that may appear after it. This fact entails great difficulties not only for business entities, but also for other individuals and organizations.

The main difficulty arises in determining the list of actions that can lead to various negative consequences affecting the antimonopoly legislation and regulation of business processes. If you understand that those or other moments will lead to a violation of the legal act, you can safely plan the development of the organization and assess the economic risks. In another case, there is simply no possibility for a normal work process.

As a rule, in order to find out the negative effect of certain actions taken by the organization, it is necessary to conduct a deep economic analysis. There is no uniform methodology for verification. Cases of violation of the antimonopoly legislation are checked based on the regulatory act No. 220, which is called: "Procedure for analyzing the state of competition in the commodity market." This decree was approved on April 28, 2010 by the order of the FAS of the Russian Federation.