‘Actions’ or ‘Activities’? To the Problem of Legal Facts of Competition Law

The author proves that the competition law gives legal significance not only to traditional facts-actions (‘points’), but also to facts-processes, states and circumstances (‘segments’), in particular — ordinary economic (legal) and, on the contrary, anti-competitive (illegal) activities. In this latter case, the facts-actions have competitive legal significance not by themselves, but only in the context of that activity, the components of which they are inextricably linked. In this case, the factors linking separate actions in the activity, is a single intention of the business entity-competitor, and their orientation to achieve one single anti-competitive goal. The subject of prevention, establishment, proof, suppression and punishment should be exactly this kind of activity, and not separate facts-actions which constitute it.