Types of anti-competitive agreements in the Russian Federation and the EU

Molchanov Dmitriy Alexandrovich

The relevance of this article is due to the need to conclude a multilateral international treaty on the fight against anti-competitive agreements in order to improve the fight against such types of violations of antimonopoly legislation. One of the problems hindering the adoption of such an international document, the author considers the existence of conceptual differences in the understanding in different states of the nature of anti-competitive agreements and, consequently, in approaches to the definition of their types. In support of the existence of the indicated problem, the author conducts a brief comparative legal analysis of the provisions of Art. 11 of the Federal Law "On Protection of Competition" and Art. 101 of the Treaty on the Functioning of the European Union. As a result, the author identified differences in the classification of anticompetitive agreements under the legislation of the Russian Federation (horizontal, vertical and others) and the EU (horizontal and vertical), for confirmation from a theoretical point of view, the provisions from scientific works of experts on competition law of the Russian Federation and the EU are given. In the context of the existing inconsistencies, author made a conclusion about possible difficulties in the adoption of the Russian draft Convention on the fight against cartels within the UN.

Keywords:anticompetitive agreements, the Convention on the fight against cartels, Article 11 of the Federal Law on Protection of Competition, Article 101 TFEU.