About application of the general prohibition on unfair competition in the non-performance or improper performance of public-law duties
DOI:
https://doi.org/10.17308/law/1995-5502/2023/4/173-181Keywords:
unfair competition, antimonopoly legislation, the Federal Antimonopoly Service of Russia, public-law duties, housing legislation, passenger transportationAbstract
The practice of antimonopoly authority in qualification of unnamed forms of unfair competition is summarized. There is analyzed the widespread application of the institution of suppression of unfair competition in case of violation of other sectoral laws by the subjects. It is argued that in applying the general prohibition on unfair competition, the antimonopoly authority should not replace other authorities belonging to the unified system of public authorities in the Russian Federation. Proposals are made to change the law enforcement approach of the antimonopoly authority.
Downloads
References
Competition in the market economy : the limits of freedom and restrictions : a monograph / A. A. Amangeldy, O. A. Belyaeva, A. N. Varlamova [et al] ; ed. A.V. Gabov. Moscow : IZiSP, Law, 2016. 384 p.
Malinsky D.A., Petrov D.A. Activity of "illegal" carrier in the implementation of regular transportation of passengers on public transport as an act of unfair competition // Competitive Law. 2016. No. 4. P. 28–31.
Medvedev D.R., Ardaev A. K., Kuznetsov K. S., Gutsu S. R., Zakharova D. D. Prohibition of unfair competition related to the creation of mixing: monitoring of law enforcement // Competitive Law. 2018. No. 4. P. 35–39.
Savitskaya I. G. Problems of application of the institute of a warning to stop actions containing signs of violation of antimonopoly legislation of the Russian Federation // Information and analytical journal "Arbitration disputes". 2020. No. 4. P. 45–56.
Simvolokov O. A. Rules of trade practices as a way to prevent restrictions on competition // Modern problems of development of Russian and foreign competition law: monograph / D. A. Ashfa, A. V. Belitskaya, O. A. Gorodov [et al.] ; ed. M. A. Egorova. Moscow : Justitsinform, 2022. P. 71–81.
Starilov Y. N. Administrative proceedings and administrative courts in the Russian Federation: reality and prospects // Russian judge. 2012. No. 12. P. 20–29.









