FAS: PROTECTION OF COMPETITION IS OF THE UTMOST IMPORTANCE FOR STATE AND IS A CONSTITUTIONALLY SIGNIFICANT GOAL
Maxim Shaskolsky, Head of FAS, told it at the International Scientific and Practical Conference "Antimonopoly Policy: Science, Practice, Education" in Skolkovo
The plenary session of the conference is dedicated to the 30th anniversary of the Constitution of the Russian Federation. Constitution of the Russian Federation, adopted thirty years ago, for the first time in the history of Russia established the protection of competition as one of the foundations of the constitutional system.
According to the speaker, the topic of competition protection can be traced not only in the Constitution of the Russian Federation, but also in the constitutions of many countries, including India, China, Mongolia, Indonesia, as well as CIS member states, in particular, Armenia and Kazakhstan.
In his report, Maxim Shaskolsky paid great attention to two significant for the FAS Russia decisions of the Constitutional Court of the Russian Federation.
The first ruling concerns the inadmissibility of expanding the interpretation of legislative immunities for cartels. It means that the state is not obliged to grant any group of persons immunity from liability for entering into anticompetitive agreements, including cartels at auction. The second clarifies the procedure for calculating the amount of criminal income, which is determined based on the proceeds received by a person during the entire period of such activity.
Also during the report, Maxim Shaskolsky noted the current directions of improving the country's legislation. For example, the introduction of a compulsory licensing mechanism, which allows limiting the exclusive rights of patent holders in cases related to the protection of human life and health.
An equally effective mechanism for ensuring public interests is the development of parallel imports. From the point of view of competition, it is important as a mechanism for reducing the level of power of the copyright holder, saturating the market, reducing or restraining prices, creating new jobs and opportunities for small and medium-sized businesses.
The protection of public interests in the context of the development of the digital economy and online commerce is also of great importance. One of the priority tasks of FAS Russia is to protect the interests of consumers and bona fide participants of digital markets from abuse by digital monopolies.
Currently, antimonopoly control in the field of intellectual property is an important area for FAS Russia. The use of the results of intellectual activity is complicated by the possible monopolization of commodity markets and the restriction of competition.
On the one hand, the Constitution guarantees the protection of intellectual property, and on the other hand, it establishes a ban on economic activities aimed at monopolization and unfair competition.
At the same time, antimonopoly immunities in this area are used not for additional protection of intellectual property, but in order to limit competition.
An analysis of the antimonopoly legislation of foreign countries indicates the absence of such antimonopoly immunities. FAS Russia considers it necessary to work out this issue with other competition agencies. It will suppress and prevent antimonopoly violations using the results of intellectual activity.