THE CONCEPT AND TYPES OF ABUSE OF DOMINANCE IN THE ANTITRUST LAWS OF THE UNITED STATES AND RUSSIA

Natalia V. Ivanovskaya¹*, Elena V. Sitkareva^2
1PhD in Law, Prof., RUDN University, RUSSIA, ivanovskaya_nv@rudn.university  
²PhD in Law, Prof., RUDN University, RUSSIA, sitkareva_ev@rudn.university
*Corresponding Author

Abstract

The issues of legal regulation of relations related to competition and monopoly are considered in many courses taught at the Law Institute of Peoples' Friendship University of Russia. Of particular interest to students are questions of qualifying the actions of entrepreneurs, which can be qualified as abuse of dominance in the commodity market. This interest is explained by the fact that at present, it is the abuse of dominance that is one of the most common violations of antitrust laws in the Russian Federation.

Teachers of Peoples' Friendship University of Russia see their task in training highly qualified lawyers; therefore they conduct scientific research not only in the field of Russian law but also in the law and law enforcement practice of foreign countries. This approach allows students to familiarize with the variety of approaches to legal regulation of various relations and a variety of law enforcement practices.

The main objective of the work is to study the patterns and types of abuse of dominance in the framework of comparative analysis in the named two countries belonging to the early system of justice. This article discusses current issues of competition and monopoly law - signs of abuse by an entrepreneur his/her dominant position in the commodity market, and some specific types of abuse.

The authors use the comparative legal research method, which allows to identify the features of the approach in the law of two countries - Russia and the United States to identify signs of abuse of dominance, as well as to qualify specific actions (inaction) as a type of abuse of dominance.

As a result of the study, the authors identify differences in the legal approaches to the problem of abuse of dominance in Russia and monopolization in the US law; establish differences in the legal assessment of certain types of abuse of dominance in the United States and Russia, and also suggest ways to improve Russian legislation in the studied area.

Keywords: competition, dominance, abuse, monopoly, monopoly prices