SERGEY PUZYREVSKY: THE INSTITUTION OF COLLECTIVE DOMINANCE PROTECTS COMPETITION IN OLIGOPOLISTIC MARKETS
In establishing collective dominance, it is important to analyze the behavior of all participants
The ratio of individual and collective dominance was discussed by participants of the Antimonopoly Forum – 2021.
The participants of the discussion noted that in establishing collective dominance, it is important to analyze the behavior of all participants, and if the influence of only one entity on the market is established, then there is no question of collective dominance, only this entity will bear responsibility.
Deputy Head of the FAS Russia Sergey Puzyrevsky said during his speech at the Forum session:
“Everyone is responsible for their own behavior. Collective dominance itself is not a violation, but the abuse of a dominant position is illegal. There are violations that can be committed with the participation of all members of the team. For example, the withdrawal of goods from circulation, the establishment of a monopolistically high price. And there are individual ones - refusal to conclude a contract, establishment of discriminatory conditions”.
The institution of collective domination is at the interface of the institution of concerted actions by entities and anti-competitive agreements.
The difference between the abuse of collective dominance and concerted actions was also discussed during the session.
“If we are talking about anti - competitive agreements between economic entities that are competitors, then this is a cartel, not collective dominance,” Sergey Puzyrevsky noted.
The institution of collective dominance was introduced in the Russian antimonopoly practice in 2006, in parallel with the adoption of the Law on Protection of Competition.