Economists and Lawyers: Implacable Enemies or Potential Best Friends.

Anastasia Shastitko (Lomonosov Moscow State University )

Abstract: The main objective of this investigation is the role of economic analysis in Russian antitrust. Economic analysis serves for the qualification of the market positions of economic entities and for the determination of market conditions. Antitrust policy is the intersection of economics and law. Its development both in Russia and in the USA and Europe is governed by increasing role of economics. It makes antitrust law enforcement more flexible, conditioned by circumstances (the rule of reason) enhancing the role of economic analysis. It means that the qualification of the behavior of economic entities depends on the qualification of their market positions and market conditions in general. The study revealed that economic analysis is a powerful argument in a litigation procedure and significantly affects both its outcome and durability. However, the obtained results show that the Russia’s antitrust authority probably underestimates the role that economic analysis could play in litigation.


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