The Сonstitutional Foundations of Antitrust Regulation: A Comparative Analysis

Alimov D.A., Barinov E.E., Berlyavskiy L.G., Golovko A.G.
European Research Studies Journal, Volume XXI, Special Issue 2, 218-229, 2018
EOI: 10.11214/thalassinos.21.06.023

Abstract:

This article is devoted to the study of the constitutional foundations of antitrust regulation. As an subject for this study, the authors have chosen the rules of the Constitution of the Russian Federation, the constitutions of foreign countries (USA, Western Europe), which have served as the source for adopted on their basis legislative acts on the protection of competition and the restriction of monopolistic activity in commodity markets. Based on the use of the comparative legal method, the authors have identified five stages of development of the constitutional basis of antitrust regulation, and models of antitrust legislation. The Antimonopoly provisions of the Constitution of the Russian Federation, decisions of the Constitutional Court of the Russian Federation on the issues of Antimonopoly regulation are presented. This article discusses the controversial aspects of the topic, the constitutional principles of the state antitrust policy. As a result of this study, the authors have come to the conclusion that the constitutional right to fair competition and protection from unfair competition is one of the social and economic human rights that can be found in the legal positions of the Constitutional Court of the Russian Federation.


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