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The Institute Wins Twice: EAEC Research Tenders

Within the framework of the research implementation tenders won, the Institute will develop a model for regulating cross-border data traffic and will analyse the international experience and practice of the EAEU member states and the Eurasian Economic Union overall, in relation to antitrust legislation. The research will be carried out in 2018-2019.

The Institute has long and firmly established its expertise in the field of antitrust regulation, so the victory in the direction of antitrust was quite expected.  The formation of a unified approach to legal regulation and enforcement in the field of antitrust legislation at the supranational level currently needs to be analysed and improvements need to come to the existing mechanisms that are used by the EAEU member States. Today, the Commission has little practice in attracting and exempting from liability for violations of the general rules of competition. The goal of the research in the technical terms stated is the development of evidence-based approaches to resolving the issue of legal regulation and relevant law enforcement practice for violations of legislation in the field of competition protection. In particular, possible violations include abuse of a dominant position, unfair competition, anti-competitive agreements, coordination of economic activities of economic entities, failure to submit or late submission of information, submission of knowingly false information, non-compliance, improper implementation or non-compliance with the decisions of the antitrust authorities. The Treaty of the Union established General Rules on competition and outlined responsibility for violations, but the experience of national jurisdictions should also be taken into account to ensure that the emerging practice of the Commission is harmonious and does not contain conflicting approaches.
 
The second R&D project focuses on cross-border data traffic. One of the central issues of IT development for the member states of the Eurasian Economic Union is the creation of a single digital economic space of the Union. Stimulation of cross-border data traffic, including through digital platforms common for the Union member states, is, as noted in the terms of reference, a critical component of information integration in the EAEU. When using data on the scale of global markets and various forms of state integration, inevitably there are issues related to the regulation of their transfer and use, including with a view to protecting rights holders. The purpose of the research work is to promote the development of the digital economy and digital platforms in the Eurasian Economic Union, as well as encouraging cross-border circulation of data by different regulatory methods. As a result of the work, models of legal regulation of data circulation should be created, which can be used in the formation of conditions in the EAEU for the functioning of digital platforms and the common market of data traffic in a situation of constant cross-border interaction. The developed legal models will be manifested in a package of draft legal acts to be created as a result of the research work.