Legal regulation of commodity markets. Legal regulation of commodity markets Fundamentals of legal regulation of the common market
The legal concept of the commodity market is contained in Art. 4 of the Competition Law. Commodity market - the sphere of circulation of goods that do not have substitutes, or interchangeable goods in the territory Russian Federation or part of it, determined on the basis of the economic ability of the purchaser to purchase goods in the relevant territory and the absence of this opportunity outside it - * (source No. 674).
It is important to say that the antimonopoly legislation presents a complex concept of the commodity market, which actually reflects the main approaches used within the framework of economic theory to the study of the essence of the market ("objective", "territorial") - * (source No. 675).
When analyzing the state competitive environment on federal and regional commodity markets, the procedure for analyzing and assessing the state of the competitive environment in commodity markets, approved by order of the State Committee for Administrative Offenses of December 20, 1996 N 169- * (source No. 676), is applied. Data normative act the stages of determining the parameters of commodity markets are established, while a fairly wide range of data is used as initial information about the markets, including information received from sellers, buyers, competitors, authorities state power, experts, information centers. The information provided, for example, characterizes the volume of production and sales of certain types of goods, consumer preferences.
Let us characterize each of the stages of assessing the state of the competitive environment in the commodity market.
1. Defining the product boundaries of the commodity market. Product (commodity) boundaries of the commodity market - a group (set) of interchangeable goods. At this stage, the product (its consumer properties), interchangeable products and the formation of a product group (a group of products whose markets are regarded as one product market) are determined.
Goods - a product of activity (including works, services) intended for sale, exchange or other introduction into circulation. The definition of the product boundaries of the market should be based on the opinion of buyers, supported by the data of commodity expertise on the interchangeability of goods that make up one product group. Interchangeable goods - a group of goods that can be compared in terms of their functionality, application, quality and technical characteristics, price and other parameters in such a way that the buyer actually replaces or is ready to replace them with each other in the process of consumption (including production) - * (source no. 677).
2. Determination of the composition of sellers and buyers. All actual sellers within the established product boundaries of the commodity market and all groups of buyers who purchase goods from a particular seller are identified; it is desirable to identify potential buyers and sellers.
3. Determination of the geographical boundaries of the commodity market. Geographical (territorial) boundaries of the commodity market - the territory in which buyers purchase or can purchase the product under study (substitute products) and do not have such an opportunity outside it. The establishment of geographical boundaries is influenced by economic, technological, administrative barriers that limit the possibility of buyers participating in the purchase of this product in the territory under consideration (significant transportation costs, loss of consumer properties by the product during transportation, etc.).
The defined geographical boundaries of the commodity market do not necessarily coincide with the administrative boundaries of the territories of the subjects and federal districts Russian Federation, but can be established, for example, within several settlements - * (source No. 678).
4. Determination of the volume of commodity resources of the market and the share of an economic entity in the market. The volume of commodity resources of the market is set in value and (or) natural terms, based on the total volume of sales (supply) of goods by all sellers within the geographical boundaries of the market certain group buyers. The share of an economic entity-seller in the commodity market under consideration is defined as the ratio of marketable products to the total volume of sales (supply) of goods.
5. Determination of quantitative indicators of the structure of the commodity market. Quantitative indicators are: the number of sellers operating in a given commodity market; shares occupied by sellers in this market; indicators of market concentration (market concentration coefficient, Herfindahl-Hirschman market concentration index).
Depending on the value of indicators of market concentration, there are three types of markets - highly concentrated markets, moderately concentrated markets, low concentrated markets.
6. Determination of qualitative indicators of the structure of the commodity market. Qualitative indicators are: the presence (or absence) of barriers to entry into the market for potential competitors, the degree of their surmountability (analyzed, for example, economic and organizational restrictions, environmental restrictions, etc.); openness of the market for interregional and international trade.
7. Determination of the market potential of an economic entity, i.e. the ability of an economic entity to exert a decisive influence on general terms and Conditions circulation of goods on the relevant commodity market and (or) hinder access to the market for other economic entities. This possibility is not directly related to the share of an economic entity in the commodity market. So, evidence of the presence of market potential may be the constant extraction of profits above normal in this industry, the price discriminatory policy pursued by an economic entity.
8. The final assessment of the state of the competitive environment consists in determining the degree of development (underdevelopment) of competition in a given product market. Based on this indicator, directions for the intervention of antimonopoly authorities in the process of forming a competitive environment in this product market are established. Moreover, the activities carried out by the antimonopoly authorities depend on the type of a particular product market.
The final assessment of the state of the competitive environment directly depends on the completeness of the study of all information characterizing a given commodity market, since, for example, an incorrect definition of the composition of sellers operating on the market will also lead to overestimation (underestimation) of the share of a particular seller. In addition, antimonopoly control over entities that dominate a certain market is limited by the territorial and commodity limits of this market - * (source No. 679), therefore, the correct establishment of market boundaries provides guarantees to an economic entity in exercising the right to free exercise entrepreneurial activity.
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12.1. Legal regulation competition and restrictions on monopolistic activity in commodity markets and financial services markets « | » 12.3. Subjects of competition in commodity markets - The dominant position of an economic entity in the market
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In the field of research of commercial law is directly the commodity market. The commodity market can be considered in a broad and narrow sense.
In a broad sense, this is a system of economic entities and their relations, the purpose of which is to ensure the circulation of final consumption and industrial goods. In the narrow sense - the market for individual goods or product groups that are similar in terms of production or consumer characteristics and which is an element domestic market goods and services.
The commodity market of Russia has an appropriate structure, which is not yet fully formed and organized. This structure includes a set of certain links whose task is to promote the product from the producer to the consumer.
All these links have a certain organizational and legal form ( business partnerships and society production cooperatives, state and municipal enterprises), are commercial organizations, that is, they have the main goal of making a profit.
A special group of participants wholesale trade are organizers of wholesale trade who do not themselves trading activities, but create conditions for trade operations of other participants in the commodity circulation.
A commodity exchange is a regularly functioning wholesale market for goods, the main purpose of which is to conduct free trades for the purchase and sale of goods at market prices, which are formed under the influence of supply and demand. The commodity exchange is the most developed form of the wholesale market for goods defined by generic characteristics (metal, timber, coal, grain).
Legal status commodity exchanges in the Russian Federation is defined by the Law of February 20, 1992 "On Commodity Exchanges and Exchange Trade".
Under the commodity exchange, the Law understands an organization with the rights legal entity, which forms the wholesale market by organizing and regulating exchange trading, carried out in the form of vowels public auction held in a predetermined place and at a certain time according to the rules established by it.
The Exchange has the right to carry out activities directly related to the organization and regulation of exchange trading.
The exchange may be established by legal and individuals, the number of which cannot be less than 10, and is subject to state registration according to established order.
Exchange trading can be carried out on exchanges only on the basis of a license issued in the prescribed manner federal body executive branch in the field of financial markets.
Exchange trading participants are members of the exchange, regular and one-time visitors.
Exchange trading is carried out by means of exchange transactions, which are understood as a contract (agreement) registered by the exchange, concluded by participants in exchange trading in relation to exchange goods during exchange trading.
An exchange commodity is a commodity of a certain kind and quality not withdrawn from circulation, including a standard contract and a bill of lading for the specified commodity, admitted in the established manner by the exchange for exchange trading. An exchange commodity cannot be real estate and objects of intellectual property.
Article 8 of the Law provides for the following types of exchange transactions:
1) simple transactions related to the mutual transfer of rights and obligations in relation to real goods;
2) forward transactions related to the mutual transfer of rights and obligations in respect of real goods with a delayed delivery date;
3) futures transactions related to the mutual transfer of rights and obligations in relation to standard contracts for the supply of exchange goods;
4) option transactions related to the assignment of rights to the future transfer of rights and obligations in relation to an exchange commodity or a contract for the supply of an exchange commodity;
5) other transactions in relation to exchange goods, contracts or rights established in the rules of exchange trading.
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