The analysis of the modern entrepreneurship’s competitive environment on the example of family
entrepreneurship which has allowed the author to draw a conclusion on effectively functioning competitive
environment as a determinant of a state and dynamics of any branch market’s competition is
presented in this article. The family enterprise is defined as a micro entrepreneurship’s subject within
which various forms of close relatives’ enterprise activity on the basis of their joint family capital can
be realized. It is noted that development of the family entrepreneurship’s competitive environment
in modern Russia requires improvement of institutional environment’s quality, in particular qualities
of regional and municipal programs and actions for micro entrepreneurship development. The value
of antimonopoly regulation as one of the main instruments of competitive environment’s formation
and development is emphasized. The conclusion is drawn on minimization of administrative barriers
for realization of the market economy’s principles with preservation «transparent» control of democratic
institutes as the main objective on the way of the competitive environment’s development
of family entrepreneurship in modern Russia.
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The current case of the FAS Russia regarding the largest mobile communication operators setting
different prices for telecommunication services in intranet roaming and in the home region poses the
question of whether it is correct to consider such services as «one and the same product» in the antitrust
definition of product markets. Antitrust methodology suggest that these services should then
be close substitutes from the point of view of the consumers, which appears not to be the case. On
the contrary, telecommunication services are characterized by a high degree of complementarity,
including transaction complementarity on the consumer’s side. In antitrust practice, in order to determine
market boundaries in such situations, the cluster market approach and the bundling approach
are used in addition to the narrow method of market definition. The article discusses in detail these
approaches, describes the criteria for their use and justifies the applicability of these approaches
to cellular communication services. It appears that using either the cluster market or the bundling
approach to defining market boundaries in the case of intranet roaming has substantial basis. Taking
specific components of a cellular tariff plan and treating them as a separate product market for
antitrust purposes increases the risk of type I and type II enforcement errors.
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Possible consequences of removal of national and intranet roaming in Russia are actively discussed
nowadays. A major focus of this article is on the European Union where international roaming
was removed. The overview of the evolution of roaming in the European Union can be mainly
discussed in case of international roaming but at the same time can be extended to national and
intranet roaming regulation. European experience is one of the sources of identification of practical
issues, as well as options for their solution. This paper aims at providing insights in the effect
of roaming regulation in the European Union. We also discuss in detail main structural alternatives
of regulation and principles of their comparison, disclose used principles of institutional design.
European experience makes an opportunity to summarize the best practices of «smart regulation»:
consistent approach to reforms, the assessment of effects for mobile network operators and for
consumers, adjustment of measures based on the intermediate results. These practices are relevant
when changing the system of intranet roaming in Russia.
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The article concerns price discrimination, in particular, the way price discrimination practice is regulated
in Russia. The analysis is based on the economic theory of price discrimination and the law
enforcement practice of the corresponding legal norms in the US and Europe. The main goal of this
article is to reveal possible weaknesses in the legal framework of the price discrimination practice
in Russia. The analysis was motivated by a number of cases on price discrimination opened by the
Federal Antimonopoly Service of Russia, and in particular, the case about the difference in the price
of mobile communication services within the «home region» and «in roaming». The results of the
analysis are the following. First, legal uncertainty in the area of price discrimination was identified.
Second, it was shown that the use of the per se approach to the practice of price discrimination
in Russia leads to the welfare loss. Third, it was also shown that the norms on price discrimination in
Russia might be insufficient to control negative effects of some types of price discrimination, in particular
in cases where price discrimination does not require a company to have dominant position
in the market.
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The creation of a wide range of educational programs and activities for the formation of a competitive
culture in the company allows to provide, along with control and Supervisory measures implemented
within the framework of competition law, an effective competitive environment.
The article deals with the theoretical provisions characterizing the role of competitive culture in
the formation of the welfare of society, the author’s content analysis of 8 educational standards and
300 educational competencies. Only three competencies were identified, including the word «competition
» in their content, and, accordingly, reflecting and implementing the values of competitive
culture.
A similar analysis is presented in the audit of the provisions of professional standards, reflecting
the management and economic activity. The analysis of documents allowed to reveal the problem
field in the content of labor functions of heads of commercial organizations, expressed in the absence
of the request of professional market leaders to possess knowledge about the competitive
culture and competitive policy for the implementation of their functions. A brief description of the
main provisions of the professional standard «specialist in competition law», approved on 9 October
2018, is offered.
A special section is devoted to the consideration of activities to prevent Antimonopoly risks in the
implementation of antitrust compliance programs as a tool of competition advocacy and the formation
of a Pro-competitive culture in the society.
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In article topical issues of methodology, account and the analysis of statistical information in practice
of macroeconomic developments of development of the competition as one of components
correct implementation of programs for digitalization of economy are considered. Need of change
of the relation to problems and potential of the competition and the developed competitive environment
at all hierarchical levels of economy is proved. It is noted that there is a peculiar diversification
of functions, redistribution of the centers of responsibility for execution of tasks of development of
the competition and his statistical providing; complication of an object of management. It is noted,
lack of the coordinated estimates of scale and character of a state and tendencies of the competition
what is one of the reasons of limited opportunities of efficiency of basic market institute in
the Russian Federation. The main producers and consumers of information on a condition of the
competition in the country are revealed and systematized. Quantitative analytical assessment of a
share of natural monopolies in the Russian economy is made. Creation of the general is offered it is
information — the help system of statistical data.
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