Authors
Kovalev A.
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Degree
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Eurasian Economic Commission (EEC) |
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E-mail
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kovalev_alexandr@list.ru |
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Location
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Moscow |
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Articles
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Services for the storage of the detained vehicles as sphere of circulation of commodities. Application measures of antimonopoly reactionIn article approaches of judicial authorities of the Russian Federation on consideration of questions
of activity of tow pounds when rendering services for storage of the detained vehicles and to
determining such services as the commodity market for application of measures of antimonopoly
reaction are investigated. The analysis of law-enforcement practice of antimonopoly authorities of
the Russian Federation on identification and suppression of abuse of tow pounds is carried out
by the exclusive position in the commodity market and on the basis of this practice approaches
to definition of the grocery borders necessary for establishment of existence of a dominant position
are opened. The author offered approach by definition of such borders for elaboration of its
uniform application at excitement and consideration antimonopoly to bodies of cases of violation
of the antimonopoly law. Examples of abuses of tow pounds are given by the situation when placing
of the detained vehicles on them and possible consequences for drivers at such abuse.
By the author it is also suggested about possible existence several tow pounds within one municipality
and the right of the driver for a choice of the tow pounds at the placement of his detainee
of the vehicle on storage.
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Anti-competitive requirements for the selection of persons to provide services for the movement of and (or) storage of detained vehiclesIn article legal grounds of carrying out selection of persons for rendering services are analysed on
movement and (or) storage of the detained vehicles. The judicial is considered and administrative
practice on consideration of questions of free selection of persons for rendering services for movement
and (or) storage of the detained vehicles for lack of ensuring equal access for other participants
of the market. Practice of certain subjects of the Russian Federation on selection of persons
for rendering services for movement and (or) storage of the detained vehicles is investigated,
the main approaches, similarities and distinctions between them are noted, and also examples
of concrete provisions of such orders containing requirements of discrimination (anticompetitive)
character which can bring are allocated to restriction, elimination, prevention of the competition
among the persons having intention and possibility of participation in these selections.
The author formulated prerequisites and the main approaches to expansion of a circle of people
which could participate in selections on the right of movement and (or) storage of the detained
vehicles, and also to possibility of realization of the right of the driver — the buyer (consumer)
“constrainedly“ on a choice of the tow pounds.
Examples of actions of authorities which not only can lead to violations of the antitrust law are
given, but also directly led to such violations.
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