Università degli Studi di Torino

Prodotti della ricerca selezionati

Force Majeure: as a way to mitigate a company's risk: comparison between common law, FIDIC, Italian and Russian law", Il nuovo diritto della società, Anno 13 - Numero 20,  28 October 2015,   p. 69-76.

"Review of the Russian Corporate law",  Il nuovo diritto della società,  Anno 14 - Numero 8, 20 April 2016., p 36-55.

The Gazprom Case: a tool to foster an EU internal gas market, European Competition and Regulatory Law Review, Anno 2019 - Volume 3 (2019), Issue 1, p 63-71, DOI https://doi.org/10.21552/core/2019/1/12

Temi di ricerca

Research project: The transplant of EU Competition law in Post-Socialist legal systems: the case of the Russian Federation

Supervisor: Prof. Cristina Poncibò

Abstract

Competition as a branch of law is an integral part of the modern economic policy of any state. Such processes as globalization and international trade make states to seek point contacts with other legal systems at the international trading arena. Thus, in the first place it contributes to the development of the national legislation. Russian competition law is a fairly young branch of law. The study of Russian competition law and policy in post-Soviet period is impossible without understanding the political and economic history of the state. The Russian modern competition law has "a hybrid character". Starting with "fully borrowed concepts" influenced by American economists, later on the European doctrine had became more influential in its development (good reasons to call it Russian competition law instead of antitrust law. However historically it is called Russian "antimonopoly" law, despite that  "monopoly" is one of the competition law aspects). On the one hand, Russian competition law strives to combine with efficient allocation of resources, the main aim of American antitrust laws, and on the other hand, with a European approach to prevent a split of EEA single market aiming at the consumer welfare and social protection. Nevertheless, the Russian competition law has its distinctive hallmarks which appeared in efforts to solve structural economic problems inherited from USSR, among which, for example admissible abuse of dominant position in certain cases, this is unknown neither in EU nor in American competition law.

Methodology for the comparative research used in this work includes along with the analytical and historical methods.  the law-in-context method. It is appeared interesting to use the law-in-context method along with a case-law to practically review application of certain provisions of competition law. Using of qualitative and quantitative methods are also subject to consideration.  

Post-socialist legal system, Legal transplant, legal borrowing, competition law, antimonopoly regulation, concurrence, commodity market.