Open AccessCriminal-legal protection of competition in the United States
Author(s) -
Даниловская Анна Владимировна
Publication year - 2020
Publication title -
ûridičeskie issledovaniâ
Language(s) - English
Resource type - Journals
ISSN - 2409-7136
DOI - 10.25136/2409-7136.2020.2.32254
Subject(s) - legislation , sanctions , enforcement , competition (biology) , competition law , monopoly , political science , law , business , law and economics , law enforcement , economics , market economy , ecology , biology
The subject of this research is the legislation and law enforcement in the area of criminal-legal protection of competition in the United States. The questions of counteracting encroachment upon competition alongside protection of rights of economic entities and consumers in case of unfair competition are one of the most relevant in the world. According to separate assessment, the U. S. antitrust legislation is recognized as most efficient. Its establishment, development, and application contributed to emergence of the generally accepted principles of protection of competition, such as per se and the rule of reason. Modern approaches towards restraint of violation of antitrust legislation determined the new trends in development of both, normative acts and judicial practice. Criminal legal protection of competition in the United States is characterized by strict prohibitions, high sanctions, presence of criminal-procedural authority of Antitrust Administration of the U. S. Ministry of Justice, as well as program of mitigation of responsibility for cartels. The goal of study lies in the analysis of legislation and law enforcement in the area of protection of competition in the United States for assessing the existing experience. The novelty consists in proposal of the author to take into account the U. S. experience with regards to countering encroachment upon competition, which can be valuable particularly in revision of the Article 178 of the Criminal Code of the Russian Federation, improvement of the program of mitigation of responsibility for cartels, systematization of the compositions of crime related to unfair competition, cooperation of anti-monopoly agencies and law enforcement authorities. The research results can be used in the work of Federal Anti-Monopoly Service, as well as educational process and scientific activity.