Assessment of cartel criminalisation in Russia

Mosunova, Natalya (2018) Assessment of cartel criminalisation in Russia. Doctoral thesis, University of East Anglia.

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Abstract

As anti-competitive agreements amongst rivals harm both the national economies and the global market, there is a lively international debate on how to design a cartel offence because civil fines are insufficient to deter cartels. A criminal offence was adopted in Russia over twenty-five years ago, as part of its market liberalisation, having made Russia one of the earliest adopters. However, the offence remains unenforceable.
This thesis takes as its starting point the examination of Russia’s cartel criminalisation. This research investigates how Russia’s cartel offence is different from offences in other jurisdictions, how the motivation behind the introduction of the cartel offence in Russia affected cartel enforcement, what atypical characteristics of Russia’s anti-cartel regime are, and identifies how it can be made more effective. This is an original contribution because none of these areas have been studied in the context of internationally recognised objectives and challenges of cartel criminalisation in the existing literature.
The thesis begins by introducing the peculiarities of Russia’s cartel offence; then it goes on to identify what the motivation behind the introduction of criminal sanctions was and continues with examining the unusual effects-based nature of the cartel prohibition. Following a detailed examination of Russia’s criminal offence, how the civil prohibition operates alongside the criminal regime and the multiple leniency programmes available, the thesis narrows its focus to bid-rigging and asks whether it should be treated differently. As the identified issues are very wide in scope, a stand-alone chapter then justifies and formulates suggestions for policy reforms.
The thesis identifies the principal shortcomings of Russia’s criminalisation and the factors that caused them; also, it substantiates the focus on the enforcement of the offence against bid-rigging to address the identified issues. It concludes with a set of recommendations of how Russia’s anti-cartel regime can be improved. This thesis is doctrinal in nature. In addition to applying primary and secondary sources, it uses unique interviews and case studies, and interdisciplinary methods from economics, socio-legal and political studies.

Item Type: Thesis (Doctoral)
Faculty \ School: Faculty of Social Sciences > School of Law
Depositing User: Users 11011 not found.
Date Deposited: 16 Oct 2019 13:45
Last Modified: 16 Oct 2019 13:45
URI: https://ueaeprints.uea.ac.uk/id/eprint/72620
DOI:

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