Features of Administrative Procedures in Competition Law

The paper examines the theoretical foundations of the procedural activities for the protection of competition carried out by antimonopoly authorities. The study analyzes issues of compliance with the principles of legality and transparency (openness) of the antimonopoly process, the sequence of administrative procedures, their predictability, formalism, and imperative nature as well as the active (investigative) role of the antimonopoly authority in the process. Particular attention is given to the specific content of administrative procedures for the protection of competition, expressed in the dualism of state bodies ensuring such protection, the unconditional consideration of the state of competition in the relevant market when making final procedural decisions, and the priority of preventive measures over punitive ones. These principles, rules, and limitations should form the basis of legal processes for implementing state antimonopoly control functions, including control over economic concentration, the granting of state and municipal preferences, inspections by antimonopoly authorities for compliance with antimonopoly legislation, consideration of cases concerning violations of antimonopoly legislation, complaints about violations of antimonopoly legislation, and complaints related to tender procedures. Adherence to these requirements ensures the effective application of substantive competition law norms aimed at protecting competition. A significant violation of these principles should result in the court recognizing the actions and decisions of the antimonopoly authorities as illegal.

1. Artyushenko DV. On the concept, participants and stages of the antimonopoly process in the Russian Federation. Zhurnal predprinimatelskogo i korporativnogo prava. 2017;3(7):26-32. (In Russ.).

2. Gataulina LF. Development and formation of the principles of competition law. Tsivilistika: pravo i protsess. 2019;4(8):19-23. (In Russ.).

3. Kuznetsov DA. A broad understanding of the concept of «antimonopoly process». Konkurentnoe pravo [Competition law]. 2024;4:22-25. (In Russ.).

4. Pisenko KA. Some problems of legal regulation of the antimonopoly process (institute of prevention, signs of violation, composition of violation of antimonopoly legislation). Zhurnal predprinimatelskogo i korporativnogo prava. 2017;3(7):33-38. (In Russ.).

5. Russian Competition Law: A textbook. Puzyrevsky SA, ed. Moscow: Prospekt Pbl.; 2025. (In Russ.). Samolysov PV. Trends in the development of competition law and the antimonopoly process. Yurist [Jurist]. 2019;11(1021):38-41. (In Russ.).

6. Shmeleva DV. To the question of the place of the principles of competition law in the process of its application. Yurist [Jurist]. 2025;3:22-27. (In Russ.).

7. Sumenkov SS. The problem of competition in the antimonopoly process. Vestnik Omskoi yuridicheskoi akademii. 2015;2(27):16-20. (In Russ.).

8. Varlamova AN. Competition law and industrial commodity markets: A monograph. Moscow: Zertsalo-M Publ.; 2021. (In Russ.).

9. Znachkov AK. Prospects for the development of the antimonopoly process in modern Russian legislation. Courier of Kutafin Moscow State Law University (MSAL). 2015;8(12):242-244. (In Russ.).