Marketplaces played a monopoly – Kommersant FM
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A long-awaited result – the marketplace market is discussing the decision of the Federal Antimonopoly Service to recognize Ozon (MOEX: OZON) and Wildberries monopolists. The regulator announced on January 24 that the companies occupy a “collective dominant position.” However, the service did not specify on what data and parameters it came to this conclusion. Ozon refused to comment to Kommersant FM on the FAS point of view. And Wildberries noted that they were ready for it. The department’s opinion does not seem to have become a revelation to other industry participants. However, while some market players agree with him, others see in the service’s statements a desire to regulate the sector. So what does the FAS decision mean in practice? Ivan Khorushevsky sorted it out.
The Federal Antimonopoly Service decided to check the level of competition in the online trading industry in December, said its head Maxim Shaskolsky. It is unknown what motivated the department’s interest in this sector.
But the analysis showed that about 80% of the market is occupied by Wildberries and Ozon. This share is more than enough to consider the sites collective monopolists, the regulator clarified, but immediately made a reservation that there is nothing reprehensible in this from the point of view of the law. The meaning of Kommersant FM status was explained by lawyer, partner of the law firm Digital & Analogue Partners Ekaterina Smirnova:
“This is one of the most complex concepts in antitrust law. The essence of collective dominance is that there are so few players that they de facto cease to serve as an effective system of checks and balances for each other. This is generally a common condition in digital markets.”
How the new status will affect the business of marketplaces can be judged from the experience of the largest mobile operators. Several years ago, the FAS also recognized them as collective monopolists and, as Kommersant FM’s interlocutors note, since then the companies have faced claims from the regulator almost quarterly.
In other words, a dominant position attracts increased attention from the FAS. In addition, very specific bans are imposed on business, notes the president of the Association of Internet Trade Companies (AKIT) Artem Sokolov:
“For example, a platform of this level does not have the right to involve its partners in contractual terms that infringe on their interests. The monopolist does not have the opportunity to independently refuse to enter into an agreement without giving reasons. There are a number of situations in which a typical business can behave as it pleases.”
The FAS has already warned that they receive many complaints about marketplaces. They mainly concern the imposition of unfavorable conditions on counterparties, inflated logistics costs and the imposition of fines. For all this, the sites themselves are now threatened with penalties from the regulator. The nuance is that the Federal Antimonopoly Service will not yet be able to identify abuses. There is a moratorium on inspections of IT companies until the end of the year. The department faces other obstacles, says Sergei Ermolenko, a partner at the law firm Orlova\Ermolenko:
“It is difficult to imagine how the control function of the FAS will be implemented, given that the number of claims from individual companies and suppliers can be in the thousands. And how to manage so many potential complaints? I wouldn’t predict any business directly, because it’s impossible to say with certainty that the sites agree to be recognized as monopolists.”
In these conditions, industry self-regulation is of particular importance, FAS officials told Kommersant FM. However, the department is unlikely to rely solely on her, experts are sure. In their opinion, the FAS, even under the conditions of a moratorium on inspections, will increase pressure on the newly created monopolists. And for partners of the largest marketplaces this seems to be good news – their interests should now be better protected. However, the owner of a network of pick-up points, Artem Bobtsov, is skeptical:
“The FAS will come and see that marketplaces are earning unreasonably a lot somewhere. First of all, this concerns tariffs for logistics and order processing for sellers. Let’s say that the FAS somehow regulates this story and forces marketplaces to reduce their commission.
Retailers will have to find this money elsewhere by reducing the remuneration for order pick-up points. And also in the other direction.”
In a word, industry participants are even frightened by the increased attention of the FAS. Especially in the context of constant calls either from the Ministry of Industry and Trade or from the State Duma to strengthen control over the market. Kommersant FM’s interlocutors formulate the essence of their experiences succinctly: government regulation is unpredictable and therefore dangerous.
Everything is clear with us – Telegram channel “Kommersant FM”.
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