Please use this identifier to cite or link to this item: https://elib.utmn.ru/jspui/handle/ru-tsu/16673
Title: GENERAL APPROACHES TO DOMINANT MARKET POSITION, PROHIBITION OF ABUSE OF MARKET POWER, AND MARKET STRUCTURE CONTROL WITHIN THE BRICS COUNTRIES
BRICS Law Journal; Vol 3, No 1 (2016); 7-33
Юридический журнал БРИКС; Vol 3, No 1 (2016); 7-33
Authors: K. Belikova ; Peoples' Friendship University of Russia
Keywords: BRICS;protection of competition;restrictive business practices;market power;dominan t market position;abuse of market power;prohibition of abuse of market power;market structure control;mergers & acquisitions
Issue Date: 27-Jun-2016
Publisher: Publishing House V.Ема
Description: The article presents research on the general approaches taken by BRICS countries through their legislation and legal orders to counteract anticompetitive market strategies such as abuse of dominant market power and market structure control, as a means of both global and regional governance in the legal orders ofChina,India,Russia, andSouth Africa. The author pays particular attention to current legislation of the BRICS countries in the field of competition protection with regard to provisions related to (1) the criteria for establishment of a dominant market position and (2) market structure control and restriction of anticompetitive mergers & acquisitions, and 'concentration' of enterprises' market power control fixed by Asian (China and India), Euro-Asian (Russia), and African (South Africa) legal orders and prohibition of abuse of market power. The article argues that our society is interested in the engagement of the population in trade and industrial activity. This is the general rule. Nowadays, however, this rule allows exceptions: restrictions on freedom of trade can be justified by exceptional circumstances in certain cases and under certain circumstances (e.g. an exemption necessary in the interest of security of the state or public interest). The analysis of substantial contents of the laws on competition and monopolies of the abovementioned BRICS countries and relevant case law shows the existence of a number of conventional, generally acknowledged (unified) provisions and norms. At the same time, there are specific features that make them different. These generally acknowledged provisions and peculiarities are a focus of the article.
URI: https://elib.utmn.ru/jspui/handle/ru-tsu/16673
Other Identifiers: https://www.bricslawjournal.com/jour/article/view/30
2412-2343
2409-9058
DOI: 10.21684/2412-2343-2016-3-1-7-33
10.21684/2412-2343-2016-3-1
Appears in Collections:BRICS Law Journal

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