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Digital transformation of anti-competitive actions

https://doi.org/10.31429/20785836-15-3-53-62

Abstract

The fundamental purpose of this study is to study and identify new types of anti-competitive actions on digital platforms, to identify an extremely new subject composition of economic entities of digital platforms.
In order to achieve this goal, it seems necessary to consider domestic and foreign legislation on the protection of competition, the provisions of the doctrine, to analyze judicial practice on the identification of anti-competitive actions on digital platforms in the Russian Federation and a number of foreign countries: Germany, China, Japan, to define the concept, the meaning of the subjects of the digital platform, the composition and types of their actions, methods the impact of the subjects of the digital platform on competition.
To solve the tasks set in the article, a number of research methods are used: logical (description, proof, classification), system-structural analysis, comparative, statistical, which helps to separate the necessary from the random and identify the regularity of processes, sociological method – based on the opinions and assessments of experts, formal-legal.
As a result of the study, it was revealed that in the Russian Federation, the legislation on the protection of competition in relation to digital activities began to move forward, which marked the adoption of the Fifth antimonopoly Package of the FAS of Russia. This regulatory act fixed the prohibition of the "network effect" of aggregators of digital platforms, the criterion of the dominant position of an economic entity in the digital space, as well as a new condition for the transaction of economic concentration.
Conclusion. These measures of the antimonopoly authority indicate the flexibility of the legislation of the Russian Federation for the long-established process of digitalization of competitive legal relations. Innovations make it possible to regulate the most complex sphere of relations – the digital market, which is marked by two-level competitive legal relations: the first level of relations that develops between economic entities, digital entities, the second - between the compositions of economic and digital entities. Significantly new types of anti-competitive actions allow participants of digital platforms to interfere with the laws of competition of the digital market.

About the Authors

L. N. Tomilova
FGBOU VO "Kuban State University"
Russian Federation

Ludmila N. Tomilova

Cand. of Sci. (Law), Associate Professor of the Department of Civil Law

Stavropol str., 149, Krasnodar, Russia, 350040



A. V. Kornienko
State Housing Inspectorate of Krasnodar Krai
Russian Federation

Anna V. Kornienko

Consultant of the legal support department

 



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Review

For citations:


Tomilova L.N., Kornienko A.V. Digital transformation of anti-competitive actions. Legal Bulletin of the Kuban State University. 2023;(3):53-62. (In Russ.) https://doi.org/10.31429/20785836-15-3-53-62

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ISSN 2078-5836 (Print)
ISSN 2782-5841 (Online)