The impact on the state of competition as a characteristic of state and municipal preferences
The article deals with the problems of the impact of the provision of state and municipal preferences - one of the least studied institutions of competition law - on the state of competition in the commodity market. The content of antimonopoly legislation, as well as relevant explanations of the Plenum of the Supreme Court of the Russian Federation and the FAS of Russia, European legislation are analyzed. It is proved that the influence on the state of competition, including the threat of negative influence, is an a priori characteristic - a sign - of preferences. It is noted that when antimonopoly authorities consider applications for consent to the granting of preferences, it is necessary to analyze the market, determine the nature of the negative consequences that may occur for the state of competition as a result of the granting of preferences. In conclusion, it is concluded that the antimonopoly authorities, considering the issue of giving consent to the granting of preferences, should actually analyze the relationship between those positive consequences for society and those negative consequences for the state of competition in the market that can be achieved as a result of the granting of preferences.