‘An Examination of Russia’s Anti Bid Rigging Policy’
May 28, 2015 Leave a comment
Natalya Mosunova, a PhD Researcher at CCP and the UEA Law School, is at the Competition Law and Economics European Network (CLEEN) Workshop which, this year, is hosted by the Tilburg Law and Economics Center (TILEC). Natalya is presenting her most recent paper entitled ‘An Examination of Russia’s Anti Bid Rigging Policy‘. An abstract for the paper can be found below.
The research focuses on the ineffectiveness of cartel criminalisation in Russia, in relation to bid-rigging, investigating whether or not the causes are specific to Russia. The peculiarity of the case lays in the fact that criminalisation is a rather widespread and well-functioning mechanism in Russia. Criminal responsibility for anticompetitive conduct was adopted into Russian criminal legislation in 1997; however, criminalisation is an often overlooked instrument.
For the purpose of the research, the specific characteristics of collusive tendering have been defined. The paper investigates the role of criminal sanctions, among other types of enforcement actions, for this category of antitrust violation. Officials from the Russian Federal Competition Commission and from one of its regional offices were interviewed in order to understand the reasons of malfunctioning of criminal responsibility in bid rigging. The findings from interviews are supplemented by study of relevant cases and demonstrate that the lack of adjustment of legislation to needs of competition law, mismatch of anti bid rigging policy with social expectations and, mainly, resistance of the system of public authorities to eliminate the effect of cartel criminalisation. The paper’s findings help to assess the enforcement of existing law and the reforms.