Belikova K.M. Coordination of Economic Activity in the Context of Antimonopoly Legislation of the Russian Federation

Belikova Kseniya Mikhaylovna

Doctor of Juridical Sciences, Associate Professor, Professor, Department of Civil and Labor Law,
People’s Friendship University of Russia
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Miklukho-Maklaya St., 6, 117198 Moscow, Russian Federation

Abstract. This article deals with some of the provisions of the Russian law “On Protection of Competition” of 2006 from the viewpoint of the legal qualification (permission / ban) of economic activity coordination. While analyzing the identified provisions the author proceeds from the freedom of contract principle, at the same time recognizing the fact that there are conditions which restrict such freedom of the contract. These conditions include, for example, the right of the counterparty to make appeal to the court on the compulsion to conclude contractually obligated party in public contracts, and other conditions including those designated in the Law “On Protection of Competition”. The author refers to the new statutes of the third antimonopoly package and deals with some aspects of the so-called fourth antimonopoly package of the Russian Federation. Thus, as shown by the examples, the horizontal integration contract is characterized by duality, which is reflected in the fact that, on the one hand, the mechanisms of coordination of economic activity are characterized by “self-limiting” nature, and on the other hand, a “self-limiting” character should not be overestimated, because if the company does not have market power, they can only increase their profits by optimizing the production and distribution of goods by means or without vertical restraints.

Key words: Russia, antimonopoly regulation, Law on Protection of Competition, economic activity coordination, “horizontal” agreements, “vertical” agreements, per se doctrine.

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