What is the basis of the antimonopoly policy of state regulation. State antimonopoly policy

Plan

2. Elements of antimonopoly regulation

3. Goals, objectives and main directions of antimonopoly regulation

4. Regulation of the activities of natural monopolies

5. Current state foreign antimonopoly regulation

The antimonopoly policy of the state is a set of economic, administrative and legislative measures implemented by the state to ensure the conditions for the effective functioning of the competitive market and to prevent its excessive monopolization.

The basis of monopoly in the economy lies in the dominant position of an economic entity in the market of a certain product, allowing it:

Have a decisive influence on competition

Make it difficult for other business entities to enter the market.

The main signs of monopolization: restriction of competition; consumer discrimination; artificial price increase; decline in output.

The economic content of a monopoly is the power of the supplier of a product (service) over the conditions of its sale.

The opposite of monopoly is competition. The economic content of competition is that no supplier or group of suppliers has power over the terms of sale, and each of them is interested in reducing costs, improving quality, updating products and technology.

In the system of antimonopoly regulation economy in any country, the very concept of a monopolist is defined through the concept of "dominant position". Dominant position is the exclusive position of an economic entity or several economic entities in the market of a certain product (service), giving him (them) the opportunity to exert a decisive influence on General terms circulation of goods on the relevant market or impede access to it for other economic entities.

Unfair competition consider any action that is contrary to the rules, trade and other fair customs in entrepreneurial activity. This is the spread false information capable of causing losses to another business entity or damaging its business reputation; false information about consumer properties and place of manufacture of products; incorrect comparison by an economic entity of its goods with the goods of other economic entities; sale of goods with illegal use of intellectual activity, trademarks, trademarks; receipt, use, disclosure of scientific, technical, industrial or trade information without the consent of its owner.

The antimonopoly activity of the state involves:

2. state-power measures that prevent certain organizations from seizing a dominant position in the market;

3. Entrepreneurship support by implementing measures to stimulate the increase in production facilities of scarce products, contributing to the saturation of the market with scarce products and services.

In Ukraine, the executive authority with a special status is antimonopoly committee whose main functions include:

Preparation of proposals for improving the antimonopoly legislation and practice of its application;

Development of product markets and competition;

Implementation of measures to demonopolize production and circulation;

Control of large transactions for the purchase and sale of shares;

Monitoring compliance with antimonopoly requirements during the creation, reorganization and liquidation of business entities.

The goals of the antimonopoly activities of the state are:

Saturation of the market with products and services, elimination of shortages;

Development of competition, suppression of unfair competition and thereby the formation of civilized market relations;

Limitation and suppression of the activities of established monopolies, prevention of the formation of new ones;

Combating violations of the law that impede the development of a normal market, including the fight against corruption;

Support for new and, above all, non-state economic structures;

Consumer rights Protection.

natural monopoly- the state of the commodity market, in which, firstly, the satisfaction of demand in this market is more efficient in the absence of competition due to technological features production; secondly, goods produced by subjects of natural monopoly cannot be replaced in consumption by other goods, and therefore the demand in a given commodity market for goods produced by subjects of natural monopolies depends less on changes in the price of this product than demand for other types of goods.

State regulation activities of natural monopolies include: targeted regulation (including tariffs for electricity and heat); definition of consumers for obligatory service; establishing a minimum level of their provision in accordance with Ukrainian legislation.

Each country has its own specific antimonopoly legislation, but there are provisions common to all: control over the merger of companies; prohibition of agreements and conspiracies of entrepreneurs (cartels); suppression of unfair competition.

Questions for self-examination

1. Essence and content of antimonopoly policy.

2. Trends in entrepreneurial activity in the commodity market.

3. The main features and economic content of monopolization.

4. Economic content of competition.

5. Elements of antimonopoly regulation.

6. The essence of "dominant position".

7. The concept of unfair competition.

8. Elements of antimonopoly regulation.

10. Goals of the antimonopoly activities of the state.

11. Natural monopoly, concept, types.

12. Elements of state regulation of the activities of natural monopolies.

Introduction

The action of market competition, the free market inevitably gives rise to a monopoly, which changes the conditions of competition, and the mechanisms of the functioning of the market system are put under attack.

Monopolies, thanks to the high level of concentration of economic resources, create opportunities for accelerating technical progress. However, these opportunities are realized in cases where such acceleration contributes to the extraction of monopoly high profits. Joseph Schumpeter and other economists have argued that large firms with significant power are desirable in economics because they accelerate technological change, as firms with monopoly power can spend their monopoly profits on research to protect or reinforce their monopoly power. . By engaging in research, they provide benefits both to themselves and to society as a whole. But there is no convincing evidence that monopolies play a particularly important role in accelerating technological progress, since monopolies can delay the development of technical progress if it threatens their profits.

Antimonopoly policy is, of course, very important for the economy of the state. Well-thought-out measures to regulate monopolies contribute to the development of competition, the stabilization of the market and the improvement of the economy as a whole.

Monopoly: concept and types

There are two types of antitrust policy: antitrust policy against natural monopolies and antimonopoly policy against artificial monopolies. In order to understand issues related to antitrust policy, it is necessary to in general terms understand the nature of monopoly itself.

There are a large number of definitions of monopoly, because it is a multidimensional concept. Moreover, this concept is so important that in world economic theory there is even such a concept as the theory of monopoly. Within the framework of this theory, monopoly is considered through the prism of three aspects:

In terms of market structure

In terms of market behavior

3. In terms of market results

Considering each of these aspects separately, it should be clarified that, based on the market structure, the following definition can be given: a monopoly is a form of a market in which the entire volume of supply falls on only one subject.

Paying the most attention to market outcomes, monopoly theory notes that in a monopoly, outcomes are related to the following factors:

monopoly high prices

monopoly's limited willingness to innovate.

But since the concept of monopoly is very important for the main subject of my work - antitrust policy, it is necessary, in my opinion, to describe this concept in more detail.

So, we can give the following signs of a monopoly:

A monopoly market is represented by one seller and many buyers.

Manufactured products are unique (that is, there are no substitute products).

Entry of new firms into the market is virtually impossible due to barriers. There can be various reasons for the existence of such barriers, for example:

Large scale enterprises and economies of scale.

The system of licenses for the performance of certain types of work, selectively issued by the state.

Monopoly ownership of the use of certain resources associated with the production of a rare good (for example, diamonds).

In a natural monopoly, the very conditions of production and the nature of the good matter.

Unfair competition, that is, the impact on buyers in ways dishonest in relation to a competitor due to a large budget and the scale of the enterprise as a whole.

Difficulty in obtaining complete information about the entire market.

There are three types of monopoly: closed, natural and open.

closed monopoly is a monopoly protected from competition by legal restrictions, patent protection, copyright, etc.

natural monopoly arises in an industry in which long-run average costs reach a minimum only when one firm serves the entire market.

open monopoly is a monopoly in which one firm (at least for a certain period of time) is the only supplier of products, but has no special legal protection from competition.

Economic consequences of market monopolization

When evaluating the role of monopolies in the country's economy, there are arguments both "for" and "against" monopolies.

Arguments for" ( positive aspects of monopoly activity) are related to the fact that a large association of enterprises usually acts as a monopolist. As such, it has the ability to:

apply Newest technologies to use the advantages of mass production and on this basis to produce products at lower costs, which obviously leads to resource savings;
allocate more funds to finance research and development of new products and technologies, which contributes to the acceleration of scientific and technological progress;
resist market fluctuations: during periods of crisis, large firms, and even more so their associations, are more stable, they are less at risk of ruin (and increasing unemployment) than small and medium-sized enterprises.

Thus, the existence of monopoly associations has a certain positive impact on the economy.

At the same time, the activities of monopolies also have negative aspects. Monopolies have the ability to:

Increase your profits by raising prices without reducing production costs;
"exploit consumers" by inflating prices against their equilibrium level, reducing the range of products compared to markets where competitive firms operate;
hinder the introduction of the achievements of scientific and technical progress (monopolies have the opportunity to receive high profits even without improving production);
weaken or even eliminate competition, along with its beneficial effect on production efficiency, product quality, and the level of production costs.

Such actions of monopolies lead to a less efficient distribution of society's limited resources compared to perfect competition, generating losses for society as a whole.

Rice. 11. 1. Consequences of market monopolization

Table 11.1

The main indicators of the company's activity in the conditions of perfect and imperfect
competition

*) The supply curve reflects the dynamics of production costs.

In conditions of imperfect competition, the consumer loses part of his consumer effect () - he is forced to buy less () and at a higher price (). Part of the lost consumer surplus is appropriated by the monopoly (), while the other part of the consumer effect ( - shaded) is simply lost (no one gets it) and represents a net loss to society.

Net loss of the company as a result of monopolization of the market - this is the loss of the consumer as a result of a reduction in production below the equilibrium.

According to some economists, the loss arising from the monopolistic misallocation of resources in the United States reaches 2% of the country's gross national product.

Thus, monopolies, by setting a price higher than the equilibrium one, set the volume of production below the efficient one, which leads to irretrievable losses of society. The activity of monopolies increases the uneven distribution of income, which can have negative socio-political consequences.

Since the activities of monopolies are anti-social in nature, the protection of free competition and the restriction of the activities of monopolies is one of the most important functions of the state.

State against monopolies

Antimonopoly policy of the state is a set of economic and administrative measures aimed at encouraging and protecting competition and limiting monopoly manifestations. It includes both measures that prevent the emergence of new monopolies and measures directed against existing monopolies.

The legislation of most countries assumes that the market is monopolized if:

The share of one seller accounts for 33%;
for the share of three - 50%;
for the share of five - 66.6% of the market turnover (total sales in a particular market).

In general, a market is said to be competitive if it has at least 10 sellers.

To determine the degree of market monopolization, the market concentration indicator is used ( Harfindel-Hirschman index):

,
where - the share of the firm, expressed as a percentage;
n- the total number of firms in the market;
i- firm.

Based on the IXX, the state regulates competition in the markets. So, in the US, if:

XXX less than 1000, then the market is considered non-concentrated, and any mergers and acquisitions are allowed;
XXX greater than 1000 but less than 1800, then the market is considered moderately concentrated, and mergers are allowed, but special rules are introduced to guarantee new enterprises the opportunity to enter an already developed market;
XXX is greater than 1800, then the industry is considered highly monopolized and mergers and acquisitions are prohibited

State measures in the fight against monopolies

The state in the fight against monopolies uses economic, legislative and administrative measures.

Economic measures support of competition and the fight against monopoly is a set of tools by which the possibilities of exercising the monopoly power of sellers are limited. Among the instruments of antimonopoly policy, direct and indirect ones are distinguished.

TO direct methods of regulation (restriction) of activities monopolies include the establishment of:
"ceiling prices" - the upper and lower levels of prices for products (no more than such and such, not less than such and such);
marginal price growth rate;
marginal rate of profit.

TO indirect methods of antimonopoly policy can be attributed to all types of state activities aimed at developing competition:
encouraging the creation of substitute products;
support for new firms, medium and small businesses (simplification of the procedure for creating new firms, tax incentives granting subsidies, loans);
providing government orders medium and small businesses;
opening of foreign trade borders (free international trade increases competition in the domestic market);
attraction foreign investment, establishment of joint ventures, free trade zones;
financing of measures to expand the production of scarce goods in order to eliminate the dominant position of individual economic entities;
public funding of R&D (research and development work).

Administrative measures aimed at the demonopolization of markets and the prevention of the accumulation of monopoly power by firms, are based on the relevant antimonopoly (antitrust) legislation.

All market economies have antitrust law aimed at preventing monopoly manifestations in the markets, as well as unfair competition.

Legislative measures usually include:

the prohibition of secret collusion aimed at maintaining monopoly prices, the division of markets;
the prohibition of mergers of firms that lead to the establishment of control over the supply;
forced demonopolization (crushing of monopoly firms).

First antitrust law (Sherman's law) was adopted in the USA in 1890. It recognized as illegal and criminally punishable the monopolization of trade, the seizure of control over a particular industry, price collusion.

Since then, the United States has passed many laws to limit the power of monopolies, on the basis of which dozens of cases are heard in courts each year accusing certain companies of monopolizing markets.

For example, the lawsuit against AT&T (American Telegraph and Telephon), which was accused of monopolizing the telephone service market, was widely known. Based on a court decision, the company was split into 10 independent firms. The result of the creation of competition in the market of telephone services was a halving of prices for the corresponding services.

Another well-known example is the case against IBM (1969), which was accused of capturing 75% of the computer market and setting prices so low that they prevented competitors from entering the market. This process was won by IBM, which was able to prove that consumers benefit from low prices.

It should be noted that the antitrust laws of Western European countries are more liberal than those of the United States.

Although monopolies, usually represented by large enterprises, have certain advantages (lower average production costs, the ability to finance R&D, greater stability in an unfavorable market environment, etc.), the negative consequences of monopolization exceed its positive aspects. The monopolization of markets leads to a reduction in the consumer surplus that arises in a competitive equilibrium of the market. Thus, the absence of competition, the monopolization of markets leads to net losses for society - losses for consumers as a result of a reduction in production below the equilibrium. Therefore, the fight against monopolization, the support of competition is one of the most important functions of the state.

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Monopoly is associated with a whole bunch of sharply negative consequences for the country's economy. Underproduction, inflated prices, and inefficient production are only the tip of the iceberg of monopolistic abuses. The same reasons that force the client of a monopoly firm to put up with high prices also force him to accept poor quality products, their obsolescence (slowdown in technical progress), lack of service and other manifestations of disregard for the interests of the consumer, since there is no choice.

The omnipotence of the monopolist, due to the insurmountable barriers on the way to the industry, is not threatened by anything even in the long term. The market alone cannot solve this problem. Under these conditions, only a state pursuing a conscious antimonopoly policy can improve the situation. It is no coincidence that in our time there is not a single developed country(and Russia in this sense is no exception), where there would be no special antimonopoly legislation and there would be no special authority to oversee its implementation.

The first law prohibiting monopoly agreements was passed in Canada in 1889, then in the United States - the Sherman Act, commonly known as the "Charter of Economic Freedom" (1890). Under this law, the creation of a monopoly is a crime that carries a criminal penalty: a fine of up to $5,000 (subsequently raised to $50,000) and imprisonment for up to one year. Soon after this model, laws were passed in Australia and New Zealand. The Sherman Act was supplemented in 1914, 1936, 1959. The antimonopoly laws of the countries of Europe were passed laws in the 30s (Belgium - 1935; the Netherlands 1935; Denmark 1937).

The monopolization of the local or national US market is usually considered to be a share equal to or greater than 60%. A market share of 90-100% is considered a complete monopoly in the US. A corporation-monopolist with such a share is either subject to unconditional liquidation or placed under strict control of the state.

High economic efficiency natural monopolies makes it absolutely unacceptable to break them up. However, this does not mean that the state can refrain from regulating natural monopolies. After all, their uncontrolled activities can bring significant harm.

As monopolists, these structures are trying to solve their problems, primarily by raising tariffs and prices. The consequences of this for the country's economy are the most devastating. Production costs in other industries are rising, non-payments are growing, and interregional ties are paralyzed.

All Russian business press recent years full of complaints industrial enterprises inflated rail fares, skyrocketing energy prices, and the like.

At the same time, the natural nature of the monopoly position, although it creates opportunities for effective work, by no means guarantees that these opportunities will be realized in practice.

The main way to deal with the negative aspects of natural monopolies is in state control over the pricing of natural monopoly goods and/or their volume of production (for example, by determining the range of consumers subject to mandatory service).

In addition to price regulation, reforming the structure of natural monopolies can also bring certain benefits, especially in our country. In Russia, within the framework of a single corporation, both the production of natural monopoly goods and the production of goods that are more efficient to produce under competitive conditions are often combined. This association is, as a rule, the nature of vertical integration. As a result, a giant monopolist is formed, representing a whole sphere of the national economy.

RAO "Gazprom", RAO "ES of Russia", the Ministry of Railways - these are the three pillars of "monopoly in Russian", the clearest examples of such associations. RAO Gazprom, along with the Unified Gas Supply System of Russia (that is, a natural monopoly element), includes exploration, production, instrument-making enterprises, design and technological structures, and social facilities (that is, potentially competitive elements). The Ministry of Railways is responsible for the infrastructure - railway, train stations, Information system, - and non-monopoly activities - contracting construction and repair organizations, catering enterprises. Entire towns and cities are on the balance sheet of the ministry. RAO "ES of Russia" unites both electric grids and power plants.

The essence of the intensively discussed reforms in our country is the development of competition in those activities of natural monopolies where it can be achieved.

Unlike the natural artificial (or entrepreneurial) monopoly develops in those industries where a single producer does not have increased efficiency compared to several competing firms. The establishment of a monopolistic type of market is not inevitable for such an industry, although in practice it may develop if the future monopolist succeeds in eliminating competitors.

Home goal of any antitrust policy is the suppression of monopolistic abuses. In relation to natural monopolies, these goals are achieved through direct state intervention in their activities, in particular, through forced price fixing.

In the case of artificial monopoly, the main direction of regulation is to counteract the formation of such monopolies, and sometimes even to resolve existing ones. To do this, the state uses a wide range of sanctions: this and preventive action(for example, merging prohibition large firms), and diverse, and often very large fines for market misbehavior (for example, attempting to collude with competitors), and direct demonopolization, i.e. forced fragmentation of the monopolist into several independent firms.

The basis for the activation of the antimonopoly policy is the presence of any of the two main signs of market monopolization, namely:

1. either the concentration of a very large market share in the hands of one firm;

2. either the interweaving of the leading firm with competitors (the creation of cartels, participation systems, personal union (when the same persons manage different competing companies)).

The high level of monopolization and its sharply negative impact on the economy makes it necessary to conduct an antimonopoly policy in our country. Moreover, Russia needs to be demonopolized; a radical reduction in the number of sectors of the economy where a monopoly has been established.

The main problem and at the same time the difficulty is the specifics of the monopolism inherited from the socialist era: Russian monopolists for the most part cannot be demonopolized by disaggregation.

Russian monopolists were immediately built as a single plant or technological complex, which in principle cannot be divided into separate parts without complete destruction.

There are three main opportunities to reduce the degree of monopolization:

1) direct separation of monopoly structures;

2) foreign competition;

3) creation of new enterprises.

Possibilities of the first way in Russian reality severely limited. You cannot divide a single plant into parts, and there are almost no cases when a monopoly manufacturer consists of several plants of the same profile.

The second path - foreign competition - was probably the most effective and effective blow to domestic monopoly. However, imported goods must undoubtedly be present on Russian market, being real threat for our monopolists, but should not become the reason for the mass liquidation of domestic enterprises.

The third way - the creation of new enterprises that compete with monopolists - is preferable in all respects. It eliminates the monopoly without destroying the monopolist himself as an enterprise. In addition, new enterprises always mean production growth and new jobs.

The main body implementing antimonopoly policy in Russia is the Ministry for Antimonopoly Policy and Entrepreneurship Support. Its rights and opportunities are quite wide, and the status corresponds to the position of similar bodies in other developed market economies. The main laws governing monopolies are the Law on Competition and Restriction of Monopolistic Activities in Commodity Markets and the Law on Natural Monopolies.

State regulatory activity in Russia is focused on regulation of monopolistic prices. The state sets prices or their marginal levels for products of natural monopolies.

Russian laws require the implementation of public policy preventing the formation of new monopolies. The Ministry of Antimonopoly Policy is entrusted with the tasks of controlling mergers of large enterprises, suppressing various forms of collusion, and preventing the system of participation and personal union.

In general, the system of antimonopoly regulation in Russia is still in its infancy and requires radical improvement.

One of the important directions state regulation sectoral market structures and the behavior of firms in the economy is the antitrust policy of the government, that is, the adjustment of such activities of firms, which is seen as detrimental to competition in the market.

Among the goals of the state antimonopoly policy are the following:

Ensuring the efficiency of production and distribution of resources in the economy;
· prevention or elimination of undesirable market structures and undesirable behavior of economic agents - that is, such situations that are considered as violating public welfare;
assistance to one group of economic agents at the expense of others (for example, assistance to small firms in their competition with large ones, regardless of their efficiency, or firms in one industry compared to other areas of activity).

While each goal is important in terms of the economy as a whole, individual countries give different weights to objectives in their antitrust laws, reflecting countries' preferences for promoting competition. Yet most countries take a position of preventing certain activities of firms that are considered illegal.

According to traditional antitrust policy, the following types of behavior are considered illegal by firms:

fixing sales prices, covert and overt, so that the prices set by the firm fall outside the sphere of market influence;
Purchase restrictions: prohibition for customers to buy any product elsewhere, from another seller, at a different price or in a different volume than established by the seller;
sale restrictions: a prohibition for suppliers to sell goods to another client, in another place, at a different price or in a different volume than it is stipulated by the contract with the purchasing company;
· connected sales: the sale of one product to the client, provided that he buys some other (specified in advance in the contract) product of this company;
Unfair advertising: the emphasis in advertising messages on such qualities of the product that the product does not really have, or emphasizing the shortcomings of the product of a competing company, which in fact it may not have;
unscrupulous labeling of goods: clearance appearance goods in a way that does not meet its purpose, or an indication of its internal characteristics that are not inherent in the product;
vertical or horizontal restrictions on competition:
pressure on suppliers (consumers) of products or on other firms that produce this product, in order to strengthen the firm's own influence on the market through the forced imposition of its own rules of conduct on partners. In practice, the conduct of antimonopoly policy faces certain difficulties, among which the following can be distinguished;
Often there are no unambiguous interpretations of the consequences of the firm's behavior. For example, the merger of two firms can lead, on the one hand, to an increase in the selling prices of a product (a negative consequence of an imperfect market structure), and on the other hand, such interaction between two firms can be expressed in the introduction of a new product or in improving the quality of an old product (a positive consequence of monopoly). ). That is, when conducting antimonopoly policy, a balance of consequences, both negative and positive, must be struck;
· Uncertainty of the subject of damage from an imperfect market structure. It is often not so obvious who should sue and consider themselves the disadvantaged party: the retailer-dealer of the product manufactured by the monopolist, or the final consumer of the product, since the direct impact of restrictions on the part of the firm with market power may be manifested not so much in relation to the intermediate link of the commodity chain, as much as the position of the individual who buys the goods for consumption, since the merchant is often able to shift the burden of monopoly influence on his buyer. In turn, the fragmentation of end buyers leads to the fact that not always violations of the company's conscientious behavior in the market are recorded and become the object of state regulation.

A number of methods are used to measure the effects of government regulation, for example:

· comparison of the consequences and conditions of functioning of regulated and unregulated firms and markets;
· the use of variations in the degree of intensity of regulated restrictions in the same market or in the same industry;
• controlled experiments: carrying out regulatory measures on a small scale to determine the impact of any measure on the behavior of firms;
· Modeling the behavior of firms and markets with different operating conditions (for example, using computers).

Consider different variants implementation of the competition policy of countries with developed market economy and Russian experience.

A monopoly is a market situation in which one firm operates in the absence of significant competitors, producing goods and / or providing services that have no close substitutes. Antimonopoly policy is a system of measures aimed at strengthening and protecting competition by limiting the monopoly power of firms.

There are 2 types of antimonopoly policy methods:

The direct method includes measures that eliminate, limit or prevent the monopoly position of individual entities in the market. These include:

- "ceiling prices" - the upper and lower levels of prices for products (no more than such and such, not less than such and such); - marginal growth rate of prices; - the marginal level of the rate of profit.

The indirect method uses financial and credit measures to prevent and overcome monopolistic phenomena in the economy. These include:

Encouraging the creation of substitute products; - support for new firms, medium and small businesses (simplification of the procedure for creating new firms, tax incentives, provision of subsidies, loans); - provision of state orders to medium and small businesses; - opening of foreign trade borders (free international trade increases competition in the domestic market); - attraction of foreign investments, establishment of joint ventures, free trade zones; - public funding R&D (research and development work).

There are 2 types of antimonopoly policy: antitrust policy for natural monopolies and antitrust policy for artificial monopolies. Antimonopoly policy with respect to natural monopolies The high economic efficiency of natural monopolies makes it absolutely unacceptable to break them up. Antimonopoly policy in relation to artificial monopolies In contrast to natural monopoly, an artificial monopoly develops in those areas where a single producer does not have increased efficiency compared to several competing firms.

Introduction

Monopoly: concept and types

Antimonopoly policy states (4)

Antimonopoly Russian politics (1)

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