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Judge Schneider: Anti-Trust Legislation Can'T Be Enacted By Governme

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  • Judge Schneider: Anti-Trust Legislation Can'T Be Enacted By Governme

    JUDGE SCHNEIDER: ANTI-TRUST LEGISLATION CAN'T BE ENACTED BY GOVERNMENT OFFICIALS ENGAGED IN BUSINESS
    Grisha Balasanyan

    hetq
    00:20, February 6, 2012

    Hetq speaks with Mr. Markus Schneider Presiding Judge at District
    Court of Hamburg (Enforcement), and a specialist in unfair economic
    competition issues.

    What dangers do monopolies pose for small nations like Armenia and
    what are the primary measures to be taken to combat it?

    While I am not an expert in monopolies, in Germany there exists
    an anti-trust structuure that primarily deals with preventing such
    manifestations. But I can say that monopolies can pose both economic
    and cultural problems for a country.

    Monopolies are problematic from a democratic perspective, as well
    from a human and political stance. It all comes down to just how
    strong the anti-monopoly agencies are in your country and whether
    they can prevent the creation of monopolies. The German anti-trust
    body is quite severe when dealing with such issues.

    But aren't such anit-monoply measures purely for show, when you have
    government official and MP's who are engaged in business activities?

    In Germany, the courts deal with such questions and the courts enjoy
    the highest degree of independence. A minister or other government
    official cannot exert any influence on the courts. The anti-monopoly
    agency also enjoys a fair degree of independence regarding its actions,
    but the main question of import is whether the entire sector is being
    regulated legislatively and to what degree are the laws being applied.

    If there are laws on the books but they remain on paper, then it's
    a tragedy. In Germany, without doubt, the laws must be applied.

    Presently, the process of oligarichization is taking place throughout
    the world and is progressing at a fast clip in Armenia. Naturally,
    given this situation, the role of anti-monopoly structures takes on
    heightened significance.

    Now, if government officials and MP's, that's to say the ones who are
    responsible for enacting anti-trust legislation and other measures, are
    also involved in business, then there's a very entrenched problem here.

    But I must say that based on what I have seen from your State
    Commission for Economic Protection my impression is that their work
    isn't just for show.

    Take for example the recent sour cream scandal. The Commission took
    the correct decision. Naturally what I have witnessed is just a tiny
    fragment of the entire picture you have amassed.

    What about the fact that the owner of the sour cream company found
    violating the law is an MP? Then again, the company of another MP
    has been churning out knock-off vodka for years and the Commission's
    decisions have no real effect?

    This is a question dealing with legal culture. In the case where a
    real legal culture exists, the violating business owner should not
    be able to continue operating in such a manner if fined or shut down.

    If a business continues to flout the law after being fined then I am
    at a loss how to describe the situation. The fines levied must be
    so prohibitive as to halt such behavior. They just can't be at the
    level of another business expense.




    From: A. Papazian
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