List articles
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№ 5(89)
31 october 2022 year
Rubric: The practice of entrepreneurship in a competitive environment The author: Osipenko O. V. |
Based on the results of a study of current judicial law enforcement practice, the article examines the phenomenon of corporate conflict. The author compares the basic approaches to the definition of the concept, and highlights the qualifying signs of a corporate conflict. The author highlights the key (generic concept), essential (subjects and relations) and significant (interests) elements of the corporate conflict definition. The operation of this structure in the field of corporate governance, preparation for litigation, actual participation in arbitration proceedings and administrative proceedings is associated with certain applied problems associated with the lack of a definition of this concept not only in the text of the law, but also in the generalizing documents of the highest court country, the substantive discrepancy between the criteria of this institution proposed by judicial practice and the starting (legal) definition of a corporate conflict, the diversity of criteria that provide, in the author’s opinion, an excessively wide fairway for situational and evaluative judgments in the process of assessing evidence of interested parties in corporate discussions, administrative proceedings and litigation disputes. The author emphasizes the openness and intensity of the corporate conflict as qualifying features of its definition, and the author comes to the conclusion that a corporate conflict cannot be considered simply a disagreement of the parties, but only an active confrontation or dispute between the parties. The author separates the corporate conflict from other types of conflicts: operational, organizational, interpersonal and legal. The paper describes the types of possible participants in a corporate conflict. Referring to specific examples from the sphere of domestic arbitration practice, the author pays great attention to the society itself and stakeholders, as independent subjects of a corporate conflict. The author emphasizes the vagueness and ambiguity of some terms that qualify corporate conflict, such as “goals”, “interests”, “motives”. The work reveals the motivational, causal side of a corporate conflict, considers the diversity of interests of the parties that are the subject of a corporate conflict. Continue... |
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| The economic sphere of society in the United States is a highly competitive environment, within which there is a clash of various interest groups seeking to influence political decision-making in order to ensure the most favorable business conditions for themselves. The purpose of the study is to consider lobbying as a competitive tool for various business sectors in the United States. To achieve this goal, it is necessary to solve the following tasks: to analyze the features of the economic sphere of US society as a competitive environment; to consider the legal basis for regulating lobbying activities in the United States; to determine the methods of lobbying; to analyze the overall structure of lobbying expenses in the United States and determine the share of business expenses in various sectors; to determine the place of the two leading political parties in the United States – Democratic and Republican – in the process of lobbying the interests of various business sectors and the reasons for such a difference. The study covers the period of the 2020 election cycle in the United States. The problem of lobbying the interests of business sectors is considered on the example of the competition between Donald Trump and Joe Biden in the 2020 US presidential election. The work is based on a dialectical research method. According to the results of the study, the author comes to the conclusion that in the structure of lobbying activities, lobbying for business interests repeatedly prevails over lobbying for the interests of the non-profit sector. Lobbying is a form of competitive struggle, one of the ways to carry out competitive actions, an instrument of competition between various business sectors for the establishment of the most favorable conditions for their sector. According to the results of the 2020 presidential election, the communications and electronics sector won in the person of its key lobbyist, Democratic candidate Joe Biden. During the election campaign, both Trump and Biden used a marketing approach, “selling” their “political product” that expressed the interests of certain business sectors, certain groups of voters whose consumer preferences would allow them to “realize” this “product”. The intersectoral competition of various business sectors harmoniously integrated into the political competition of the two leading political parties in the United States. Continue... | |
| The pandemic caused by the SARS-CoV-2 coronavirus (COVID-19) has not only led to economic stagnation, border closures and a serious reduction in cross-border activities, but has also effectively paralyzed international trade ties. In addition, the pandemic clearly showed that the world trading system was clearly not ready for such a global crisis. If by the end of 2021 – by the beginning of 2022, there were some positive trends, then the extremely aggravated international geopolitical situation (due to the special military operation conducted by the Russian Federation in Ukraine) had a significant impact on world trade and foreign economic activity of states, including Russia. The purpose of the study: analysis of the consequences of the COVID-19 pandemic and foreign economic sanctions on Russiaʼs foreign trade activities, determination of their likely consequences on the domestic economy. The objectives of the study are to identify trends and trends in the development of world trade and foreign trade activity of Russia over the past decade, to analyze the main factors determining the peculiarities of its development at the present time. Research methods: dialectical method, analysis, comparative analysis, graphical and tabular methods. The results of the study: the main factors affecting Russiaʼs international and foreign trade are highlighted (the pandemic, the growth of protectionist foreign trade restrictions and sanctions, the digitalization of the economy, the development of new production technologies). It is concluded that non-compliance with the rules of freedom and liberalization leads to the collapse of the international trading system and the development of regionalization processes. Continue... | |
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№ 6(90)
30 december 2022 year
Rubric: The theory of competition Authors: Knyazeva I., Bondarenko I., Zaikin N. |
The relevance of the study is due to the need to study the limits of the permissibility of business behavior of companies in the conditions of economic turbulence that has developed under the influence of various macro and microfactors. The disruption of logistics chains against the background of the first sanctions restrictions, the introduction of protective duties, a comprehensive system of state support for the industry (the “trade-in” program for changing the car fleet) led to new structural and behavioral models of the functioning of markets, which required understanding and selection of an adequate policy of state regulation. The purpose of the study is to consider the strategy of behavior of the dominant player with a pronounced differentiation in pricing policy in relation to different counterparties in a scarce market on the example of an antimonopoly case against a dominant economic entity in the market of solid-rolled wheels with a diameter of 957 mm within the borders of the Russian Federation (2018–2019). The objectives of the study are to consider how the implementation of three important elements of the company’s marketing strategies – price formation, market segmentation based on the Buchanan product concept and the selection of counterparties, as well as methods and technologies of discount policy in conditions of unsatisfied demand, can affect the functioning of a scarce market and affect price growth for two years. In the context of this study, the transformation of the mechanism of price discrimination in scarce markets is presented. It is noted that the behavior of the dominant entity regarding the establishment of a monopolistically high price in a scarce market looks economically unconditioned, the establishment of a differentiated final price for the sale of goods to various buyers at a level higher than the prices of the period preceding the shortage indicates price discrimination of the first and second degree. The analysis of various types of discounts shows that sales promotion is not a necessary marketing tool, as it reduces the monopoly profit of the seller and does not contain motivation for the formation of competitive initiations. The main gain of the consumer is not the volume of potential discounts, but the speed of searching for goods, contracting on any terms, the promptness of concluding transactions and obtaining maximum financial gain in conditions of uncertainty. Continue... |
| The competition policy mechanisms in specific sectors of the economy work out, provided that balanced protection tools are used, and incentives are maintained to launch a new product or technology onto the market. However, strong network effects lead to the presence of a small number of manufacturers or even a single player, which hinders the spread of alternative products and contributes to a single product network formation. The relevance of this research is driven by the need to competition analysis in the software market affected by the network effects. The purpose of this review article is to justify the need for a compound impact analysis of network effects, critical mass and standardization as an assessment optimization tool of the competition state in the two- sided software market, specifically in the operating systems markets. The object of the research is an operating system itself, and the subject is the influence of network effects, critical mass and standardization on competitive processes in the operating systems market. The following issues were performed: the results systematization of theoretical studies and approaches to econometric modeling of network externalities, the strategies identification for analysis of standards and installed base of users and sales, introduction of the operating system and software concepts, the development of recommendations for analysis of the phenomenon of network effects with an emphasis on the standardization process in the furtherance of competition and industrial policy. Analysis of the examined phenomena impact shows that the introduction of a generally accepted network effects definition at the legislative level, distinction between the direct and indirect network effects, consideration of this phenomenon as a barrier to entry into the market, and concord of the network effects and standard setting theory can decrease the possibility of type I and II errors in the law enforcement practice. Continue... | |
| The analysis of the state of competition in commodity markets is formally regulated by Order No. 220 of the Federal Antimonopoly Service of Russia dated April 28, 2010 “On Approval of the Procedure for Analyzing the State of Competition in the Commodity Market”, but in reality, the mechanical adherence to the norms of this document is not enough, since all stages of the analysis, explicitly or implicitly, are based on a certain interpretation of the relationship and behavior of the defendant, the applicant and other affected persons. A vivid illustration is the situation with the provision of wired Internet services for tenants in shopping and entertainment centers. The relevance of this issue is ensured by the presence of antimonopoly cases, which consider the compliance of the provision of such services with antimonopoly legislation. The purpose of the study is to reveal, using the example of the markets for renting premises in shopping and entertainment centers and Internet communications, how the interpretation of the company’s behavior determines the approaches to assessing the boundaries of relevant markets. For this, alternative interpretations of the relationship and behavior of Internet providers (telecom operators), owners of shopping and entertainment centers and tenants are presented; grounds for the proposed interpretations are given; the consequences of applying alternative interpretations to identifying relevant markets and their further analysis in accordance with the requirements of the legislation are described; the key questions for research are highlighted, which can allow one to compare alternative interpretations and choose the one that best corresponds to the essence of the analyzed economic relations. As a result, we show that the analysis cannot ignore the connection between communication services providers, tenants as purchasers of communication services, and owners of shopping centers. Alternative interpretations of this connection are possible from the point of view of the economic essence of these relations and relevant theoretical concepts, but in any case, its economic nature should be studied, including for the purposes of the correct application of legal norms to assess the state of competition in the affected product markets Continue... |
