General Approaches to the Market Structure Control in BRICS Countries

  • Evgenia Evgenevna FROLOVA Institute of State and Law of the Russian Academy of Sciences (RAS), Moscow, Russian Federation
  • Ksenia Mikhailovna BELIKOVA Pеоples Friendship University of Russia (RUDN University), Moscow, Russian Federation
  • Natalia Vladimirovna BADAEVA Pеоples Friendship University of Russia (RUDN University), Moscow, Russian Federation
  • Maryam Abdurakhmanovna AKHMADOVA Pеоples Friendship University of Russia (RUDN University), Moscow, Russian Federation
  • Mihail Nikolaevich DUDIN Russian Presidential Academy of National Economy and Public Administration (RANEPA), Moscow, Russian Federation

Abstract

The articles represents a research of general approaches of BRICS countries legislation and legal order to counteraction against such an anticompetitive market strategy and a means of both global and regional governance as abuse of control and dominant market power in legal orders of China, India, Russia and South Africa. The author pays particular attention to current legislation of BRICS countries in the field of competition protection with regard to provisions related to market structure control and restrictions of anticompetitive mergers and acquisitions (further on - M&As) and ‘concentrationʼ of enterprises' market power control fixed by Asian (China and India), Euro-Asian (Russia) and African (South Africa) legal orders. The analysis of substantial contents of laws on competition and monopolies of the abovementioned BRICS countries and relevant case law shows the existence of a number of conventional generally acknowledged (unified) provisions and norms. At the same time there are specific features making them different. These generally acknowledged provisions and peculiarities will be in focus in the article.

References

[1] Afrika, S.L., and Bachmann, SD. 2011. Cartel Regulation in Three Emerging BRICS Economies: Cartel and Competition Policies in South Africa, Brazil, and India - A Comparative Overview’. The International Lawyer, 45(4), 975-1003.
[2] Avdokushin, E.F., and Jarikov, M.V. 2013. BRICS countries in the modern world economy. Moscow: Magistr: 27.
[3] Baumann, R. 2013. Seven Challenges to the BRICS. Materials presented at the International Conference ‘BRICS: perspectives of the cooperation and developmentʼ held on behalf of Ministry of Economic Development of the Russian Federation, Moscow, 5 December 2013.
[4] Belikova, K., et al. 2015. National characteristics and prospects for the unification of private law within the BRICS countries: Monograph. Moscow: RUDN: 220-302.
[5] Dudin, M.N., Ivashchenko, N.P., Frolova, E.E., Abashidze, A.H. 2017. Institutional Approach to Establishment of a Structural Model of the Russian Academic Environment Development. European Journal of Contemporary Education, 6(1), 22-38 .
[6] John, L. 2012. Engaging BRICS. Challenges and Opportunities for Civil Society. Oxfam India working papers series. OIWPS – XII. http://www.oxfamindia.org/sites/default/files/Working%20paper%2012.pdf (accessed August 30, 2017).
[7] Khabrieva, T., et al. 2015. BRICS: the contours of the multipolar world: Monograph. The Moscow: Institute of legislation and comparative law under the Government of the Russian Federation: 243-295.
[8] Mehta, PS. 2013. Competition Culture Key to Successful Competition Regime. Materials of the 3rd BRICS International Competition Conference, 20-22 November 2013, New Delhi.
[9] Mozolin, V. 1979. Personality, law, economy of modern India. Moscow:Science: 167-171 (in Russian)
[10] O’Neill, J., and Stupnytska, A. 2009. ‘The Long-Term Outlook for the BRICs and N-11 Post Crisis’. Goldman Sachs Global Economics Paper No. 192. http://www2.goldmansachs.com/ideas/brics/brics-at-8/BRICS-doc.pdf (accessed August 30, 2017).
[11] Ugarte, F.S. 2003. ‘The Int’l Competition Network: Achievements So Far. Intellectual Financial Law Review, 22(10), 1-5.
[12] Yang, B.L. 2006. Chinese competition policy. Boletín Latino americano de Competencia. http://ec.europa.eu/competition/publications/blc (accessed August 30, 2017).
Published
2018-09-20
How to Cite
FROLOVA, Evgenia Evgenevna et al. General Approaches to the Market Structure Control in BRICS Countries. Journal of Advanced Research in Law and Economics, [S.l.], v. 9, n. 1, p. 96-105, sep. 2018. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/2290>. Date accessed: 21 nov. 2024. doi: https://doi.org/10.14505//jarle.v9.1(31).13.