Bashlakov-Nikolaev I.V. Coercive Measures in the Field of Competition Protection

Abstract: In this article Bashlakov-Nikolaev examines administrative legal measures on competition protection, i.e. methods undertaken by antimonopoly authorities to prevent disturbance, restraint and elimination of competition pursuant to the Competition Law. The author offers different classifications of measures undertaken by antimonopoly authorities in the sphere of competition protection with relation to violations of antimonopoly legislation. The author divides all measures of administrative enforcement into the following two groups:  1. Measures of administrative responsibility (administrative sanctions), i.e. measures of administrative enforcement undertaken in response to violations,  2. Measures of execution of competition legislation (coercive measures), i.e. measures of administrative enforcement undertaken in response to performance or non-performance of one's obligations in the sphere of competition protection. These two major groups of measures have subgroups. Measures of administrative responsibility include measures on  restoration of responsibility (execution of orders issued by the antimonopoly authority); penal liability measures in accordance with the Administrative Offences Code of the Russian Federation; measures on withdrawal of revenues to the federal budget when such revenues have been obtained as a result of a violation of antimonpoly legislation as it is set forth by the competition protection law; measures on involuntary division or detachment of profit or nonprofit organizations. In his research the author has applied the method of the secondary analysis of data and carried out the review and analysis of literature on the matter. Special contribution made by the author to the topic is his comprehensive description and systematization of coercive measures in the field of competition protection. Special attention is given to consideration of legal and administrative measures for the protection of competition. The author also shares his views on the role of coercive measures in the field of protection of competition. 

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