Andrey Tsarikovskiy discussed new aspects of establishing dominance with experts

He looked into the latest trends and changes in studying dominance by the Antimonopoly Service, discussing the with the legal community

Stats-Secretary, Deputy Head of FAS Andrey Tsarikovskiy moderated the session on “New approaches in applying the institute of dominant entities” on 27 October at the XI Annual Conference on “Antimonopoly Regulation in Russia”.

As an example of changing approaches, he gave a so-called “peck” case – a case of a monophony and monopoly when FAS issued a warning to both sides.

“One of the goals of antimonopoly regulation is to find a certain optimum between saving resources, consumer interests and economic development”, said Deputy Head of FAS and suggested the colleagues to discuss monoposony – buyer dominance.

Answering a question, Head of FAS Department for Industry Control, Nelli Galimkhanova, who took part in the session, emphasized that buyer’s market power – is not that good and there are adverse consequences of such a  conduct.

“The law does not give a definition of monopsony, however, FAS has established its practice of conducting such investigations”, saidNelli Galimkhanova and outlined some cases completed by FAS. Such cases include a case on “large-diameter pipes” against “Gazprom” PJSC and the above mentioned “peck” case.

According to Nelli Galimkhanova, the unorthodox nature of the latter was issuing warnings to both the claimant and the petitioner.

Andrey Tsarikovskiy reminded that the situation investigated in the case, could have damaged the public at large due to the threat of developing unfvourable environmental environment, so the rationale of the intervention of the antimonopoly body had, in particular, a clear social orientation.

At the end of the session, Head of FAS pointed out the “growing need for conducting economic analysis and determining market power to establish dominance and its transition and Industry 4.0) “Perhaps, the forth economic evolution’” can lead to creating the “fifth antimonopoly package, summed up Andrey Tsarikovskiy.