What makes a cartel different from a syndicate. Cartel - syndicate - trust - concern, conglomerate, transnational corporation. Re-import and re-export concepts
It is rare that there is only one seller in the market. Much more often the industry is dominated by several large manufacturers (suppliers). It becomes profitable for them to create an alliance that occupies a monopoly position in the market (a monopoly based on collusion). The types (forms) of such monopolistic associations can be pools, cartels, syndicates, trusts and concerns.
Historically, there have been three main forms of unions: cartels, syndicates and trusts (Table 1.). The main differences between them are the breadth of the participants' agreements and the scale of their associations.
Table 1
Basic forms monopoly unions
CARTEL is an agreement of several enterprises on the division of markets, that is, setting prices for goods for all participants, terms of employment work force, exchange of patents, delineation of sales markets and derivative quotas (who produces how much) of each participant in the total volume of production and sales. Its purpose is to raise prices (over competitive level), but not limitation of production and supply and marketing activities. The cartel rarely controls the entire market, because it is forced to take into account the policy of non-cartelized enterprises. In addition, cartel members have a rather powerful temptation to deceive their partners by lowering prices or actively promoting their goods, which creates conditions for capturing a part of the market. Another way to covertly set monopoly prices is the so-called PRICE LEADERSHIP. Its essence is that when a leading firm in a given industry makes the desired price change, other firms "silently" follow it.
The cartel form of monopoly associations was most widespread in Germany. The number of cartels here increased from 300 in 1900 to 2200 in 1943; A striking example of an international cartel is the Organization of Petroleum Exporting Countries - OPEC. It worked especially successfully (for itself) in the 70s. By negotiating the amount of production and prices, OPEC countries dominated the world oil market.
Monopolists use other price “tricks” to generate additional income. Thus, a “system of linked prices” is established for conjugated, complementary goods (printer and ink). The price for the printer is not high, but the price for the ink is too high.
Cartel agreements, where they are prohibited, are often negotiated by SECRET (without substantial formalization). But many cartels represent a temporary market structure and are rare.
SYNDICATE - is the unification of a number of enterprises of one industry sector with the elimination of their commercial independence. In a cartel, each member of the association independently sells its products at a price set by the cartel. The syndicate provides for the delivery of all products to the syndicate, which sells it through their sales organizations. Syndicates, as a form of monopoly associations, were widely developed in Russia until October 1917. One of the first was created Sell, officially called the Society for the sale of products of Russian metal factories. The company united more than 20% of metalworking plants that produced 80% of all industry products. Then organized Roofing, Pipe sale, Nail, Wire, Prodvagon, Copper, Produgol, etc. ... Syndicates arose in light industry, although less.
TRUST - this is the unification of the ownership and management of a number of enterprises in one or several industries with the complete elimination of their independence, both in commercial and industrial relations.
When a trust is organized, all the enterprises that are part of it become the property of the trust. And the entrepreneurs who are part of the trust receive a part of the shares of the trust, corresponding to the size of their capital. Trust not only
sells products of its member enterprises, but also completely disposes of them. Thus, trusts are the most powerful and antisocial manifestation of monopoly. It is no coincidence that in most countries of the world they are prohibited by law.
Sometimes so-called concerns may also be among the monopolists. CONCERN is a union of a number of enterprises in various sectors of the macroeconomics by establishing a single financial control - HOLDING through the purchase of their shares. Concerns are the highest form of monopoly associations. Concerns differ from other forms of monopolistic associations in the following two features:
1) they include in their composition not only enterprises of various industries, but also transport and trade enterprises, banks and financial institutions;
2) the formation of a concern does not take place through an agreement between individual enterprises on the limitation or loss of their independence, but through the purchase of shares of many enterprises by entrepreneurs. As a result, these enterprises, although they retain their legal independence, economically come under the control of these major entrepreneurs.
For example, the German concern "Reinische Stahlwerke" in the late 50s of the XX century. controlled 113 companies in metallurgy, metalworking, machine-building, shipbuilding, chemical industry from total capital about 848 million marks. The Italian concern Fiat covers 150 companies in the automotive, aviation, mechanical engineering and other industries; his assets in 1964 amounted to $ 1.3 billion, and his enterprises employed 124 thousand people.
Many concerns rely on a dense network of small and medium-sized enterprises and achieve high efficiency through flexible capital maneuvering and channeling them into the most profitable sectors of the economy.
The simplest monopoly is a temporary agreement between individual companies called a pool. These can be agreements on the price of products manufactured in the industry, on joint actions with respect to competitors that are not included in the this association, about the rules of conduct on the market for this product, etc. Since the agreement is temporary, such a monopolistic association is unstable.
POOL - (from the English. pool - common boiler) - a form of temporary association of a number of independent companies, in which the profit goes to the common fund (boiler), and then is distributed among the parties to the agreement in accordance with pre-agreed conditions. The following table 2 presents the distinguishing features of the pool.
table 2
2. The concepts of re-import and re-export
REIMPORT goods - a customs regime under which Russian goods previously exported from the customs territory Russian Federation in accordance with the export regime, are imported back within the statutory terms without being charged customs duties and taxes, as well as without applying measures to them economic policy.
To place goods under the customs regime of re-import, they must simultaneously meet a number of conditions:
Be exported from the territory of the former USSR until 31.12.91, and from the territory of the Russian Federation - from 1.01.92 in accordance with the export customs regime;
Be until the moment of export russian goods (until 31.12.91.) or foreign origin and were released for free circulation on the territory of the Russian Federation (31.12.91.) with full payment of all customs duties;
Be imported to customs territory RF within 10 years from the date of export;
Be in the same condition in which they were at the time of export, with the exception of natural wear and tear or loss under normal conditions of transportation and storage.
Normal wear and tear ( natural decline) is determined based on the norms and standards, as well as other regulatory and technical documentation in force in Russia.
The use of goods for production or commercial purposes outside the country is not an obstacle to their placement under the customs regime of re-import, provided that the above conditions are met.
These goods may also be subject to operations to ensure their safety, minor repairs, putting in order, provided that their value, determined at the time of export, has not increased as a result of such operations.
The placement of goods under the regime under consideration is practiced when re-importing goods that were on conservation abroad.
Peculiarities of registration and calculation of payments.
The identity of the goods placed under the customs regime of re-import, the goods that were exported in accordance with the customs regime of export, the fact of their export, the moment of export, as well as the fact that the goods are Russian, must be established (confirmed) in a manner that does not give rise to doubts for officials the customs authority in authenticity and reliability. The duty of proving the specified circumstances rests with the person concerned. With absence customs declaration or if the day of crossing the border is not confirmed, the moment of export of goods of Russian origin (before December 31, 1991 - the origin of the former USSR) is the day of its manufacture. If only the month of manufacture is indicated, then the first day of this month is considered such a day, if only the year is indicated - January 1 of this year. In the absence of documents indicating the date of manufacture of the goods, an examination can be carried out.
The use of goods for production or other commercial purposes outside the Russian Federation is not an obstacle to placing these goods under the customs regime of re-import.
Goods can be placed under the customs regime of re-import by any person, regardless of which person exported them.
In the event of damage or other deterioration of goods as a result of an accident or force majeure, such goods may be placed under the customs regime of re-import, provided that the fact of the accident or force majeure is confirmed in a way that does not cause doubts among customs officials about the authenticity and reliability.
When outside the Russian Federation, goods may be subject to operations to ensure their safety, minor repairs, including putting in order, and other similar operations, provided that the value of such goods, determined at the time of export, has not increased as a result of such operations. The ratio of the value at time of export to the value at the time of import is determined based on the US dollar. If prices in a contract or other document are expressed in any other currency, these currencies are converted at the exchange rate against the US dollar, respectively, at the time of export or import.
Application of customs duties, taxes and other payments and refunds
When reimporting goods within three years from the date of export, the customs authority refunds the paid amounts of export customs duties and export tax. Refunds are made under the following conditions:
If the goods were exported and imported by the same person who paid the export customs duty or export tax, or in whose interests such payments were made;
If a copy of the customs declaration is submitted to the customs authority, on the basis of which export customs duties or export tax were calculated and paid, and a written confirmation of the customs authority to which these payments were paid, or its legal successor about the actual receipt of payments to the accounts of the customs authorities or directly to the budget. The written confirmation must comply with the requirements for financial documents;
If the export tax was paid to the customs authorities located on the territory of the Russian Federation;
If the person who paid the export customs duty or export tax, or in whose interests such payments were made, submits a written application to the customs authority for the return of the amounts paid. Such a statement is drawn up in any form. An application for the return of the amounts paid must be submitted to the customs authority before the expiration of one year from the date of acceptance of the cargo customs declaration, according to which the goods are placed under the customs regime of re-import.
If at least one of the specified conditions is not met, the refund of the paid amounts of export customs duties and export tax is not made.
Only the amount of customs duty and export tax paid is subject to refund. At the same time, the refund of penalties, deferral fees and similar payments is not made, and the refunded amounts are not indexed, interest is paid on them.
The payment is made in the currency of the Russian Federation regardless of the currency in which customs duties and export tax were paid. If the payment was made in a foreign currency, the rate of which is quoted by the Central Bank of Russia, the conversion of the foreign currency into the currency of the Russian Federation is made at the rate of the Central Bank of Russia in effect on the day of acceptance of the customs declaration with the declared customs regime for re-import. If the payment was made in another foreign currency, its conversion into rubles is carried out at the exchange rate in effect on the date of payment.
Refunds of the amounts paid are provided by the customs authority producing customs clearance goods placed under the customs regime of re-import.
When a part of a consignment of exported goods is placed under the customs regime of re-import, the amounts paid are refunded based on the quantitative ratio of this part to the consignment of exported goods.
Re - imported goods when imported into the customs territory of the Russian Federation are not subject to import customs duties.
When reimporting goods exported from the territory of the Russian Federation after January 1, 1992, the declarant pays to the customs authority the amounts of VAT returned in connection with the export, or from which the goods were exempted in connection with export, as well as excise taxes at the rates in force at the time of export goods.
The amounts to be paid are determined at the rates in force at the time of the export of the goods.
Benefits for the payment of value added tax provided exclusively in relation to goods imported into the customs territory of the Russian Federation are not applied.
The customs value for calculating the amounts payable is determined on the day of acceptance of the cargo customs declaration, in accordance with which the goods are placed under the customs regime of re-import. Customs clearance of goods placed under the customs regime of re-import
Customs clearance of re - imported goods is carried out at the customs authority in the region of which the recipient or its structural unit is located.
When placing goods under the customs regime of re-import, the declarant shall submit the following documents to the customs authority:
Cargo customs declaration;
Other government agenciesif re - imported goods are subject to the control of these authorities;
A copy of the cargo customs declaration, according to which the re - imported goods were placed under the export customs regime, or other documents confirming the fact and the moment of export of such goods from the territory of the USSR (before December 31, 1991) or the territory of the Russian Federation (from January 1, 1992 year) - shipping documents, etc .;
Other documents provided for by the Regulation on the customs regime for the re-import of goods dated 09.12.1993 or arising from it, necessary for the performance of customs clearance.
In the absence of reliable and confirmed by the relevant documents information on compliance with the requirements of the Regulation dated 09.12.1993, the placement of goods under the customs regime of re-import is not allowed.
For customs clearance of re - imported goods, customs duties are levied in the currency of the Russian Federation in the amount of 0.1% of the customs value of goods and in foreign currency, the rate of which is quoted by the Central Bank of the Russian Federation, in the amount of 0.06% of the customs value of goods.
REEXPORT goods - a customs regime in which foreign goods are exported from the customs territory of the Russian Federation without collection or with a refund of import customs duties and taxes and without the use of economic policy measures (licensing and quotas) (Article 100 of the Labor Code of the Russian Federation).
Re-export of goods is allowed with the permission of the customs authority, represented in the manner prescribed by the State Customs Code of the Russian Federation.
Customs clearance of foreign goods exported from the customs territory of Russia in accordance with the customs regime of re-export is carried out only with the permission of the State Customs Committee of Russia and only if the payment of customs duties and taxes is secured by the payment of the amounts owed to the customs deposit, in which the customs clearance of goods will be carried out.
If the goods upon their import are declared to the customs authority of the Russian Federation as intended directly and exclusively for re-export, the period for their import into the customs territory of the Russian Federation may not exceed 6 months. Such goods, if it is impossible to immediately export them, must be placed in a temporary storage warehouse or a customs warehouse.
It is also possible to place goods under the customs regime of re-export that were originally declared under a different customs regime, for example, a customs warehouse, but this can be done by russian legislation no later than 2 years from the date of import of goods. In this case, the re-exported goods must be in the same state in which they were at the time of import, except for changes due to natural wear and tear or loss under normal conditions of transportation and storage, after confirmation of the fact of export of goods by the applicant of the regime, the paid import duties and taxes are returned.
List of used literature
1. Gravina A.A., Tereshchenko L.K., Shestakov M.P., Commentary on the Customs Code of the Russian Federation. Legal literature., 2006;
2. Grachev, Yu. N. Foreign economic activity... Organization and technology
foreign trade operations: educational-practical. allowance / Yu. N. Grachev. –M. : Business school "Intel-synthesis", 2005. - 592 p.
3. Degtyareva, O. I. Foreign economic activity: tutorial / Degtyareva OI [and others]. - M.: Delo, 2008 .-- 320 p.
4. Kulikov L. M. "Fundamentals of economic knowledge" M .: Finance and statistics, 2007
5. Regulation on the customs regime for the re-import of goods dated 09.12.1993, No. 525; as amended by 06/01/1999;
6. About customs tariff: the federal law dated March 21, 2003 No. 5003-1 (as amended on 08.22.2004) // SZ RF. 2004. No. 12.
7. Prokushev, EF Foreign economic activity: textbook-practical. allowance / EF Prokushev. - M.: ITC "Marketing Textbook", 2008. –208 p.
8. Troshkina TN Customs code of the Russian Federation in questions and answers. - M .: New legal culture, 2004 - 330 p.
A trust is an association in which various enterprises previously owned by different entrepreneurs merge into a single production complex, losing their legal and economic independence. All parties are united in a trust economic activity enterprises, and not one any party, as in a cartel or a syndicate. The form of the trust is convenient for organizing combined production, i.e. associations in one company of enterprises of different industries, either representing successive stages of processing raw materials, or playing an auxiliary role in relation to one another.
A trust is a monopoly in which joint ownership of a given group of entrepreneurs on the means of production and finished products... There are two ways to combine into a trust: direct merger of the assets of individual companies and the acquisition by the parent company of the trust of a share of the share capital of enterprises.
The main organizational forms of economic monopolies are as follows. Cartel - this is an amalgamation of several enterprises of one sphere of production, the participants of which retain ownership of the means of production and the produced product, production and commercial independence, and agree only on the share of each in the total volume of production, prices, sales markets.
Syndicate - this is an amalgamation of a number of enterprises in one industry, the participants of which retain ownership of the means of production, but lose ownership of the manufactured product, which means they lose commercial independence. For syndicates, goods are sold by a common sales office.
Trust - This is an amalgamation of a number of enterprises in one or several industries, the participants of which lose ownership of the means of production and the produced product, i.e., production and commercial independence. They combine production, sales, finance, management, and for the amount of invested capital former owners individual enterprises receive shares of the trust, which give them the right to take part in the management and appropriate part of the profit of the trust. Nowadays, cartels, syndicates, trusts have lost their meaning in their purest form. almost never occur.
AT modern conditions on the basis of capital diversification, new forms of monopolies are being created - a diversified concern, a conglomerate, a consortium.
Diversified concern- this is an association of dozens, even hundreds of enterprises of different industries, transport, trade, the participants of which lose ownership of the means of production and the manufactured product, and the main firm exercises financial control over other participants in the association.
Conglomerate is a huge industrial complex in which, under a single financial control concentrated companies operating in different, technologically unrelated areas. As a rule, conglomerates belong to one firm and produce dissimilar non-competitive goods at one or several stages of production or operate on market segments that do not overlap. At the same time, enterprises have broad autonomy economic activity, their management is decentralized.
Consortium created on the basis interim agreements between several banks and industrial corporations for joint large-scale financial transactions or production projects (placement of large loans, construction of sea canals, ports, pipelines, etc.). After expiration general works the consortium breaks up. Salient features modern market are the unification, interlacing, interpenetration of various organizational forms of monopolies, which indicates further development, deepening the processes of monopolization of the modern economy.
To maintain such an advantageous position on the market, monopolistic associations by economic and other methods decisively crack down on competitors. Let's describe some of these methods.
1. Economic boycott - partial or complete rejection of economic ties with outsiders (enterprises that are not part of a monopoly association). Monopolies offer their dependent buyers not to purchase goods from other firms, since they are supposedly of inferior quality.
2. Dumping - deliberate sale of goods at bargain prices in order to ruin a competitor.
3. Restricting the sale of goods to independent (independent of monopolies) firms (for example, reducing the supply of oil to refineries).
4. Maneuvering prices: the monopoly raises the prices of products sold to small owners, while simultaneously applying secret discounts and concessions in this regard to large buyers.
5. Using financial means to fight competitors (for example, speculation in securities on the stock exchange).
6. Ruin of competitors with the help of legal and illegal means for the purpose of their “absorption” and “joining” the monopoly. The latter use a wide range of brutal tactics: counterfeiting competitors' products, violating patents, copying trademarks and brand names, and deceiving consumers. Many firms use “industrial espionage” against their market opponents (they secretly extract production secrets using electronic means, the services of “defectors” from competitors' enterprises, etc.). Some monopolies do not disdain criminally punishable methods, up to arson of premises, terrorist attacks and contract killings.
Cartel. The homeland of the cartels is Germany. A cartel is an association in which the members of this association do not lose either production or commercial independence. The unification takes place for (cartel goal):
ü Establishing a single price for products.
ü Uniform conditions of employment of workers are negotiated.
ü Quotas for production are established
ü Agree on the division of sales markets.
Syndicate. The syndicate members lose their commercial independence. The production remains. All products manufactured by the members of the syndicate are sold through the syndicate offices. Syndicate offices often purchase raw materials for syndicate members if they can be purchased at discounted prices. The homeland of the syndicates is France, and until 1917 - Russia.
Trust is joint-Stock Company... Participants lose both commercial and production independence. It is formed on the basis of the merger of several capitals (different owners) by issuing securities (shares and bonds), and these securities are distributed not only between the founders, but can also be freely sold on the stock market or other institutions. This also attracts the capital of the general population.
The advantages given by JSC:
All JSC affairs are resolved with the help of the founding meetings. All issues are resolved by voting. The final word belongs to the holder of the controlling block of shares (either 51% of shares, or 50% + 1 share). In practice, it is enough to have at least 15% of shares.
Promotion is security which gives its owner the opportunity, or the right, to receive certain income on it, or on it. The income that the owner of the shares receives is called dividends or dividends.
A bond is a security that makes it possible to receive income in the form of%. The owner of the bond is the lender.
First of all,% on bonds is paid. For shares, dividends are paid last.
The homeland of the trust is the USA.
Concern. Homeland - Japan.
It unites enterprises of various industries, trade, transport, services, financial institutions.
The reason for the emergence of the concern is intersectoral competition.
Employees of the concern centrally perform functions of management, supply, sale of goods, forward planning, scientific and technical policy and much more. As a rule, industrial enterprises are independent.
A concern is formed on the basis of the so-called. participation system, and is a pyramid, the links of which represent different enterprises.
All enterprises are interconnected, the so-called. a single technological chain.
In the 60s of the twentieth century, such associations began to appear in the United States, which began to be called conglomerates. It was thought to be the fifth form of amalgamation, but most economists consider it to be a kind of concern.
They arise on the basis of capital diversification. A conglomerate is less stable than a concern, because the conglomerate includes enterprises that do not have a single technological chain. They arise quickly, but also decay just as quickly.
Cartel - the simplest form of monopolistic association. Unlike other, more stable, forms of monopolistic structures (syndicates, trusts, concerns) retains financial and production independence. The objects of the agreement can be: pricing, spheres of influence, terms of sale, use of patents, regulation of production volumes, negotiation of terms of sale of products, hiring workers. It usually operates within the same industry. Hinders the functioning of market mechanisms. Falls under the influence antitrust law... In some countries of the world they are prohibited by law, in others, on the contrary, their formation is encouraged in order to restructure the industry, standardize materials and components, and limit competition between small firms.
SYNDICATE (from the gr. syndikos - acting together) is an organizational form of a monopolistic association, in which the companies included in it lose commercial marketing independence, but retain legal and industrial freedom of action. In other words, in a syndicate, sales of products, distribution of orders are carried out centrally.
Trust(from the English. Trust) - one of the forms of monopolistic associations, within which the participants lose production, commercial, and sometimes even legal independence.
Real power in a trust is concentrated in the hands of the board or the parent company.
The most widespread were in the 19th century.
Concern (German derKonzern) is a financial and industrial group of companies, mainly in the German-speaking countries of Europe and the Baltic countries. [source not specified 116 days] It is typical to preserve the legal and economic independence of the participants, but taking into account the coordination of the dominant financial structures. Usually, group members combine not only economic potential, but also efforts in market strategy. The main advantage of the concern is the concentration of financial and other resources.
20. Offer. Supply law and factors affecting supply.
An offer is the willingness of firms, manufacturers and sellers of goods to provide a certain amount of goods to the market at a given price. The price and quantity of goods here change and interact unidirectionally: an increase in price will cause an increase in the number of goods offered for sale; conversely, a downward trend in prices means the need to reduce production and supply of goods to markets.
Each of the series of prices that determine the offer will be referred to as the offer price. There is a direct positive relationship between the price and the quantity of the product, which is that, other things being equal, the supply increases with the price increase, and the supply decreases with the price decrease. This dependence is called the law of supply, which can also be represented graphically. The supply schedule is called the supply curve (Figure 1).
Figure 1- Supply curve
The curve is plotted in the supply (S) - price (P) coordinate system: when the price decreases, the number of producers selling their goods decreases, and vice versa; when it rises, it increases.
1.3 Factors Affecting Supply
offer non-price market
Offer is all goods and paid servicespresented for direct sale. The cost of these goods and services characterizes the value of the supply.
There are non-price factors that affect the supply.
Non-price factors of supply change move the entire supply curve, the most important of which are:
resource prices;
the level of production technology;
taxes and subsidies;
prices for interchangeable (complementary) goods;
sellers' expectations for the dynamics of demand, prices, incomes, etc .;
number of sellers.
The prices of resources used in the production of goods. The more an entrepreneur has to pay for labor, land, raw materials, energy resources, etc., the lower his profit and the less his desire to offer for sale this item... This means that with an increase in prices for the factors of production used, the supply of goods decreases, and a decrease in prices for resources, on the contrary, stimulates an increase in the amount of offered goods at each price, and the supply increases.
Technology level... Any technological improvement, as a rule, leads to a reduction in resource costs (lower production costs) and therefore is accompanied by an expansion of the supply of goods.
Taxes and subsidies... Taxes affect the costs of entrepreneurs. An increase in taxes means an increase in production costs for a firm, and this, as a rule, causes a decrease in supply; reducing the tax burden usually has the opposite effect. Subsidies reduce production costs, so an increase in business subsidies will certainly stimulate production expansion, and the supply curve shifts to the right.
Prices for other goods can also influence the offer of this good. For example, a sharp rise in oil prices could increase the supply of coal.
Manufacturers' expectations... Thus, producers' expectations of a possible price increase (inflationary expectations) have an ambiguous effect on the supply of goods. The offer is closely related to investments, and the latter are sensitive and, most importantly, difficult to predict, react to market conditions. However, in a mature market economy, the expected rise in prices for many commodities is causing a rebound in supply