The Contribution of BRICS to the International Competition Policy Regime

Svetlana, B Avdasheva; Golovanova, Svetlana; Andrey, Shastitko

doi:10.1007/978-3-030-23092-0_15

Cited by 3 publications

(2 citation statements)

References 17 publications

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“…There are also grounds for a common agenda in the field of international relations on competition issues. For more details, see, for example, Avdasheva et al (2020).…”

Section: Why Are Brics and Antitrust A Topic For Ruje?mentioning

confidence: 99%

Antitrust in BRICS: Agenda and achievements in comparative perspective

Shastitko¹

2020

RUJEC

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“…There are also grounds for a common agenda in the field of international relations on competition issues. For more details, see, for example, Avdasheva et al (2020).…”

Section: Why Are Brics and Antitrust A Topic For Ruje?mentioning

confidence: 99%

Antitrust in BRICS: Agenda and achievements in comparative perspective

Shastitko¹

2020

RUJEC

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“…In Russia, the number of investigations on abuse of dominance exceeds other countries in Global Competition Review Enforcement Rating by more than one hundred times. BRICS countries apply very different approaches to distinguish between per se illegality and rule of reason for potentially illegal conducts (Avdasheva et al, 2020). At the same time, competition regimes outside US and EU increase their enforcement records, including the amount of penalties applied.…”

Section: Introductionmentioning

confidence: 99%

Concerted practice enforcement in Russia: How judicial review shapes the standards of evidence and number of enforcement targets

Avdasheva¹,

Golovanova²

2020

RUJEC

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A judicial review of the infringement decisions of the competition authority substantially affects the standard of evidence in competition enforcement as well as the structure of cases that the competition authority takes. Enforcement against concerted practice in Russia represents a case-study of interaction between commercial courts of first instance, the Highest Court, the competition authority as enforcer, market participants and the legislator to influence the standards of liability under investigation of concerted practice. We examine the judicial review of infringement decisions on concerted practice and track the evolution of legal definition and sufficiency of evidence in such cases. We show, first, that in Russian enforcement, the ability of the Highest Court to influence the criteria of first instance courts is limited (in contrast to the ability of the first instance court to influence the strategy of enforcement by the competition authority). Second, the increase in the burden of proof motivates the competition authority to refrain from an investigation of concerted practice, in accordance with the prediction of the model of the selection of enforcement target by reputation-maximizing authority.

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The Practice of Efficiency Defense in Antitrust Cases: A Comparison of BRICS and European Cases

Ribeiro,

Golovanova

2023

BRICS law journal

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In non-merger antitrust cases efficiencies should play a significant role when authorities decide on cases as many potentially anticompetitive practices may have pro-competition effects, according to economic theory. In many jurisdictions rule of reason or effect based legal standard is claimed to be the policy adopted according to the own authorities. For such legal standards, considering efficiencies is part of the standard analysis protocol. We review the practice of efficiency defense in antitrust cases in selected BRICS and European countries. The case study shows that efficiencies are considered in rulings less often than expected. Similar arguments are used across countries, suggesting a common underlying economic analysis across jurisdictions that may have different legal institutions. We have employed the cross-country comparison based on Brazil, Russia, India, and South Africa cases. We also summarize the main reasons for efficiencies analysis not to be able to reverse the concluded anticompetitive effect from a business practice.

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The Contribution of BRICS to the International Competition Policy Regime

Cited by 3 publications

References 17 publications

Antitrust in BRICS: Agenda and achievements in comparative perspective

Antitrust in BRICS: Agenda and achievements in comparative perspective

Concerted practice enforcement in Russia: How judicial review shapes the standards of evidence and number of enforcement targets

The Practice of Efficiency Defense in Antitrust Cases: A Comparison of BRICS and European Cases

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