FAS Russia and the HSE-Skolkovo Institute for Law & Development Present the co-authored book "Antitrust Regulation in the Digital Age"

The treatise was presented by the team of authors during a conference at the Higher School of Economics on April 23.

The book is the first comprehensive research in Russia devoted to the protection of competition in the digital economy. The work examines the general issues of the relationship between the State's innovation policies and competition policies, it examines the current problems associated with determining abuse of market power, assessing economic concentration, identifying and suppressing cartels in the digital economy, and stimulating competition in the field of intellectual property. Particular attention is paid to Russian and international legal process. Assessed therein are the prospects of further development and changes to antitrust legislation.

The monograph is intended for practicing lawyers, researchers, educators, and anyone who is interested in the theory and practice of antitrust regulation in the digital age.

The book was unveiled by one of its authors - State Secretary, Deputy Head of the Federal Antimonopoly Service of Russia - Andrei Tsarikovsky. He noted that "there has been scientific and technological revolution 4.0, and not only has antitrust regulation changed, but the basic concepts of dominance in a market economy have also changed. In this book, we endeavour to answer the question of how they have changed".

The Deputy Head of the FAS stressed that there are no modern economic realities stable enough that - during the process of their writing - did not in fact change and thus require constant review in order to be accommodated accurately.

"From a period of economic and social stability of sorts, which lasted almost 50 years and ended in 2008, we have moved into a new era of change. The era of classical antitrust regulation, forged in the 70s and 80s, is passing away. Our book is an effort to look into the fresh future, and, as time unfolds, time will judge," ~ Andrey Tsarikovsky

One of the co-authors of the book, Head of the FAS Department for Industry Control, Nelly Galimkhanova spoke about the relevance of antitrust regulation in the digital economy. According to her, the influence of digital companies has already spread through traditional sectors of the economy.

"In the book, we have plainly laid the groundwork for a global study of approaches to safeguarding competition in the market," ~ Nelly Galimkhova.

Head of the FAS Anti-Cartel Department, Andrei Tenishev, spoke about the use of digital advances in the context of being harnessed for cartel collusion. In his opinion, if a technology is aimed exclusively at breaking the law, antitrust requirements for software producers must be introduced. At the same time, he stressed that it was not a matter of limiting technological progress.

Director of the Skolkovo-HSE Institute for Law & Development, Alexey Ivanov, spoke about the control of market concentration, which he said, takes on a special significance in the digital economy

"The legislative and regulatory compliance practices regarding market share won't come to a meltdown with the ambitions and goals of the digital economy when it comes to assessing instances of market concentration in the digital age. The probabilistic parameters that now are determining how the market will operate in the future should become key methodological and analytical tools," ~ Alexey Ivanov

Leading researcher at the HSE-Skolkovo Institute for Law & Development, Elena Voynikanis, noted that the purpose of the book is to show that it is necessary to 'reconfigure' and sometimes to change antitrust legislation in order to meet the challenges of the digital economy. She touched upon the issue of antitrust regulation of intellectual property rights: "Neither developed or developing countries, if they strive for the development of a natural innovation economy, can do without the regulation of competition in the field of intellectual property".

Also attending the conference were Professor at the Law School of University College London, Ioannis Lianos, Advisor to the Antitrust Practice of Egorov Puginsky, Afanasiev & Partners, Denis Gavrilov, and spokesperson for the Russian Federation Presidential Representation for the protection of intellectual property rights for entrepreneurs, Anatoly Semyonov.