Dominant Market Position and Prohibition of Abuse of Market Power in BRICS Countries: General Approaches

Posted by Social Science Research Network

Dominant Market Position and Prohibition of Abuse of Market Power in BRICS Countries: General Approaches – Ksenia Belikova (Peoples` Friendship University of Russia)

ABSTRACT: This article represents a research of general approaches of BRICS countries legislation and legal order to counteraction against such an anticompetitive market strategy as abuse of dominant market power in legal orders of China, India, Russia and South Africa. The author pays particular attention to current legislation of BRICS countries in the field of competition protection with regard to provisions related to criteria of establishment of a dominant market position fixed by Asian (China and India), Euro-Asian (Russia) and African (South Africa) legal orders and prohibition of abuse of market power. This article argues that our society is interested in the engagement of a population in trade and industrial activity. This is the general rule. Nowadays, however, this rule allows exceptions: restrictions of a freedom of trade can be justified by exceptional circumstances in certain cases and under certain circumstances (e.g. exemption necessary in the interest of security of the state or public interest, etc.).