FAS Russia defends the ban on borrowers` group insurance for banks* The FAS plans to protect the interests of borrowers and competition in the bank insurance market Marina Pishchulina, deputy director of the financial market supervision department of the FAS (…) The Competition and Markets Authority (CMA) is the non-ministerial government division of the United Kingdom, responsible for ensuring that competition is maintained in the market and then sanctioning the actions of organisations that engage in anti-competitive practices. A situation where there is one (or little) buyer and seller of a particular product in a market. The degree of concentration when purchasing the product leads to interdependence between the seller(s) and the buyer(s). In certain circumstances, buyers may exercise the counter-power to restrict the market power of a single or lesser seller in the market and lead to higher production and prices than in a monopoly or oligopoly. Some EU Member States impose their competition law through criminal sanctions. As Professor Whelan analyzes, these types of sanctions involve a number of important theoretical, legal and practical challenges. [52] It is first necessary to ascerte whether an undertaking is dominant or whether it behaves “significantly independently of its competitors, customers and, ultimately, consumers”. [75] Under EU law, for very large market shares, it can be assumed that a company has a dominant position[76] which can be refuted. [77] Where an undertaking emphasises a dominant position, “there is a particular responsibility not to allow its conduct to affect competition in the common market”. [78] Like collusive behaviour, market shares are determined by reference to the market on which the company and the product concerned are sold. Although lists are rarely closed[79], certain categories of abusive behaviour are generally prohibited by national law.

For example, limiting production in a seaport could be abusive by refusing to increase spending and update technology. [80] The attachment of one product to the sale of another product can be demonstrated to them by limiting consumer choice and depriving competitors of outlets. This was the alleged case in Microsoft v. Commission[81], which ultimately resulted in a fine of several million euros when it introduced its Windows Media Player on the Microsoft Windows platform. Refusal to provide an indispensable facility to all companies trying to compete may constitute an abuse. One example was a case involving a medical company called Commercial Solvents. [82] When founding its own competitor in the anti-TUBERCULOSis drug market, Commercial Solvents was forced to continue to supply the drug`s raw materials to a company called Zoja. Zoja was the only competitor in the market, so without the court imposing the offer, all competition would have been eliminated. A group of economists and lawyers, largely linked to the University of Chicago, support an approach to competition law, which is guided by the thesis that certain acts initially considered anti-competitive could actually promote competition. [66] The United States. . .

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