Legal regulation of competitive relations, the essence of the...

1.2. Legal regulation of competitive relations

Proclaimed at the end of the XX century. freedom of economic relations within the framework of the transition to a market economy caused the need for legal regulation of competitive relations. In 1991, the US Law "On Competition and Restriction of Monopolistic Activity in Commodity Markets" was passed. " (hereinafter referred to as the Competition Law).

This act is based on two legal institutions - anti-monopoly norms and norms related to protection from unfair competition. Let us consider in more detail the second norm. It is based on two articles of the Law on Competition.

Firstly, it is art. 4, which defines unfair competition as:

1) any actions of economic entities aimed at acquiring advantages that contradict: a) the provisions of the current legislation (primarily Article 34 of the Constitution of the United States); b) the customs of business turnover, the requirements of integrity, reasonableness and justice;

2) actions that are capable of causing or causing losses to other economic competitors, or damage their business reputation.

Secondly, Art. 10 contains a list of five forms of unfair competition:

a) dissemination of information discrediting the competitor;

b) misleading the consumer;

c) incorrect comparison of the economic entity of its goods with competitor's goods;

d) misuse of intellectual property;

e) illegal receipt, disclosure and use of secret information protected by law.

For the analysis of the consumer market, the most important are forms b), c), d).

In 2010, summed up the results of the Federal Law № 94 On placing orders for goods, works and services for state and municipal needs & quot ;. When it was introduced, noble goals were set-the revival of the competition in small and medium businesses and the saving of budgetary funds. According to this law, the main criterion for competitive selection was the cost of goods and services supplied.

As the experience of applying the law showed, this condition of the competition gave rise to a vicious practice: the winners were often unscrupulous suppliers, as they sought to reduce the cost of the order by reducing the quality of the goods and services provided.

Thus, the failure of the law initiated unfair competition in the form of misleading the customer about the quality of the object of the contract, in particular the consumer properties of the goods supplied, the qualifications of the order's executors, the timing of the order.

Criterion cost of delivered products & services essentially defines a procurement procedure such as auction, and not a tender. In the draft of the new law "On the federal contract system in the sphere of procurement of goods, works, services" It is expected to use the contest procedure, rather than an auction. This is due to the fact that it is impossible to select the supplier of the prospective product (service), only specifying the price of the contract, and neglect such characteristics as the quality of the product (service), qualification and image of the supplier.

1.3. The essence of the concept of "competitiveness of products"

Competition compels firms to create a competitive product or provide a competitive service. There is a dialectical link between competition and competitiveness - one derives from the other. Naturally, the categories competition and Competitiveness should refer to a fixed period of time and a particular market.

The terminology in the field of competitiveness of objects is not standardized. The prerequisite for the definition of concepts in any field is systematization. In this case, its main feature is the object of assessing competitiveness:

- products (goods, services);

- Organization;

- the industry;

- Country.

In accordance with these four objects, competitiveness can be viewed on four levels. The competitiveness of the country

But country and sector competitiveness ultimately depends on the ability of specific commodity producers to produce competitive goods.

Product competitiveness is the ability of products to meet the requirements of this market in the period under consideration in comparison with competitors.

This definition contains three distinctive features: 1) space - a specific market (country, market segment); 2) the period is a fixed period of time; 3) cognition in comparison. Therefore, the assessment of competitiveness involves comparing a particular product with an analog in the system "time-space."

Various subjects of the market are engaged in the evaluation of the competitiveness of goods and services: manufacturers, service providers, sellers. But, as noted above, in the end, it is the prerogative of the consumer. From a number of analogues, he chooses a product (service) that more closely matches his needs. Therefore, we can agree with this definition: the competitiveness of the goods shows the degree of its attractiveness for the consumer making a real purchase [201.

For the universality of the definition of competitiveness from the perspective of the subject of economic activity, it should include a feature that is not of interest to the consumer, but is decisive for the manufacturer (service provider, seller) - the commercial success of products on the market. This is a criterion such as income (costs). Commercial success occurs when income exceeds costs, i.e. when making a profit; as they say: "Profit is a prize for an organization participating in the competition."

In work [41] it is offered to estimate competitiveness on a financial parameter profitability of sales and the marketing metric "market share of the product."

Thus, we can agree with the following interpretation of the term from the position of the subject of economic activity: the competitiveness of a commodity is the ability of a product to ensure commercial success in a competitive environment. [20]

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