Дистрибьюторский договор как правовая форма вертикальных ограничений

Abstract

The article considers distribution agreements concerning the inclusion of vertical restrictions in the agreements which affect competition in the market. It analyses prohibitions on anticompetitive contract terms stipulated in Russian antimonopoly legislation, the practice for the application of the prohibitions as well as exemptions from them. The provisions of the Russian competition law regarding prohibition of resale price maintenance are compared with the similar provisions of the competition law in the EU and the competition law in the US. Consideration has been given to some deficiencies in the current Russian antimonopoly law and the ways to improve it are outlined. Russia and other countries law enforcement research leads to the conclusion that there is a need for developing and improving of sub legislative regulatory provisions to provide detailed regulation of the analysis and evaluating of distribution and other agreements by the competition agencies.