Press centre News Антимонопольная и регуляторная практика

23
August
2018

Monopoly game: it makes no sense to increase the legal liability for cartel agreements

The Federal Antimonopoly Service of the Russian Federation proposes to increase the liability for business owners and broaden the powers of antimonopoly inspectors. The business community fundamentally disagrees with such proposal: Chamber of Commerce and Industry, RSPP and All Russia Public Organization "Delovaya Rossiya" sent a letter to the Prime Minister, Dmitry Medvedev, which describes the new changes as the risk of "unfounded squeeze on business, violation of the legitimate interests of entrepreneurs and corrupt abuse".

TORG94
31
May
2018

New rules for determining tariffs by the FAS Russia

The draft Federal Law “On fundamental principles of the state regulation of prices (tariffs)” is focused on adaptation of the current legislation concerning regulated activities to the up-to-date conditions and requirements for tariff regulation procedures. The draft is also intended to ensure a consistent approach to the basic rules of tariff regulation in the business activities, which are essentially different, for which the state regulation of prices (tariffs) is reasonably required.

Yuriy Tatarinov, Head of Energy practice
EZH-Yurist
5
October
2017

The Law Commission on Import Substitution will supervise heavy vehicle procurement under Federal Law 223

State-run companies will have to coordinate the work they perform related to procuring watercraft and aircraft with the Law Commission on Import Substitution. The relevant changes will be made to the amendments to be introduced into Federal Law 223 in the near future. Before October 12th, agency departments will not have to heed the regulation on coordinating procurement work with the Commission – but only in the framework of investment projects. Experts talked about whether this means that state-run companies will be obligated to coordinate all procurement activity, and what, in this case, is meant by the term investment project.

Trading is appropriate
24
August
2017

The Federal Antimonopoly Service discovered 205 cartel agreements over the first half of this year

Over the first half of this year, the number of cartel agreements brought to light by the antimonopoly authority grew by 22%, to 205; most of them had to do with collusion during the bids, the Federal Antimonopoly Service told RNS.

Rambler News Service
9
June
2017

Experts suggest ways to improve the system to combat cartels

Medicinal products and medical equipment, according to the Federal Antimonopoly Service, occupy one of the top positions on the list of commodity markets that are most susceptible to cartel collusion. Recently, the antimonopoly authorities presented a system, one that possesses multiple parameters, for identifying cartels during electronic bidding. With the help of this program, it is possible to identify and prove, while located at a distance, the existence of cartels in electronic bidding in any region or industry. "FV" asked industry experts how to improve the fight against cartels.

Pharmaceutical Bulletin
11
May
2017

The FAS imposed fines on pharmaceutical companies for using the word “quickly” in advertising

After reviewing a number of cases involving administrative offenses, on May 4th the Federal Antimonopoly Service ordered that the companies Astellas Pharma Europe B.V, Sandoz CJSC, and Valeant LLC pay fines for inaccurately advertising medicinal products.

Pharmaceutical Bulletin
28
March
2017

The Federal Antimonopoly Service: "Complaints under Law 223-FZ have been increasing"

Complaints from suppliers taking part in procurements under Law 223-FZ have been increasing, reports FAS Deputy Head Andrey Tsarikovsky.

Trading is appropriate
21
February
2017

The Russian Federal Tax Service, Federal Antimonopoly Service, currency clauses, and bankruptcy: lawyers discussed litigation in 2016

Lawyers and officials from the Russian Federal Antimonopoly Service and the Russian Federal Tax Service discussed the most high-profile court cases from last year at a conference held by the website Pravo.ru. Speakers talked about how organizations can protect themselves against charges of price fixing by the antimonopoly authorities, and also when partnering with a “fly-by-night supplier” will not raise any charges from the tax authorities. Experts revealed the subtleties of searching for a balance of interests using the case with Vympelkom-Tizpribor as an example.

Victor Petrov, Partner, Head of Litigation practice
Pravo.ru
22
August
2018

A "subsidiary" of UAC is suspected of making a transaction with service provider evading Law No.223-FZ

The United Aircraft Corporation intends to hold, before the end of the year, an auction for alienation of the property and land plot with an area of 60 ha located near "Dinamo" metro station, which are currently owned by a "subsidiary" of the JSC Russian Aircraft Corporation MiG. The experts took a note of numerous discrepancies in procurement documents and failed to find justification for the customer’s actions.

TORG94
9
November
2017

The Supreme Court explained what kinds of activities are considered entrepreneurial activity

Some of the disputes about holding companies liable for administrative offenses in accordance with the law should be reviewed by courts of general jurisdiction. However, that procedure is called for in those cases where the administrative offense did not take place during the process of performing entrepreneurial activity. The courts face the issue of determining whether supplying water is considered entrepreneurial activity on the part of a municipal public utility. Two lower-level courts issued their opinion that the answer was no. However, the Supreme Court delivered a different ruling.

Ilya Shengeliya, Compliance Counsel
Pravo.ru
29
September
2017

And don't collude

The Ufa municipal administration and business owner Damir Muginovintend, via the arbitration courts, to exonerate themselves from suspicion involving concerted action, whereby Mr. Muginov received a plot of land for 15 million rubles on Zorge Street that he, in turn, resold for 140 million rubles. The Federal Antimonopoly Service of the Russian Federation declared the mayor’s office and Damir Muginov participants in this act of collusion in June. If the authority’s ruling enters into force, the parties to this unlawful agreement will pay major fines, and this raises the specter of disqualification for bureaucrats in the mayor’s office.

Kommersant (Ufa)
9
August
2017

The Supreme Court set restrictions on antimonopoly control over procurement

The Supreme Court explained why it ruled that Alrosa was right in its dispute with the antimonopoly authorities. The company was looking for a contractor that would build a motor vehicle road for it up to an oilfield in northern Siberia, and during the procurement process it put forth a series of requirements for the contractor: it banned any subcontracting, and required a bank guarantee issued by a bank of its choice. The authorities decided that these conditions were unlawful because they restricted the number of participants in the procurement process. However, the Supreme Court arrived at the opposite opinion. The explanations it gave might be heartening for lawyers working for companies acting in the capacity of customers.

Pravo.ru
11
May
2017

The Federation Antimonopoly Service named those pharmaceutical companies whose drugs occupy a dominant market position

The Federal Antimonopoly Service (FAS) named 16 medicinal products that occupy more than 50% of their respective product markets. This data was derived after analyzing the state of competition in the product markets for several medicinal products, and published on the official FAS web portal.

Pharmaceutical Bulletin
2
May
2017

Legal interpretations by the Federal Antimonopoly Service may be disputed through a special procedure

In March 2016, a special procedure came into effect for challenging an act containing interpretations of legislation and possessing normative properties. It is enshrined in Article 217.1 of the Russian Federation Code of Administrative Proceedings. However, practice applying the article is still not common.

Pharmaceutical Bulletin
17
March
2017

The Federal Antimonopoly Service proposes prohibiting the public procurement of assets

If the president or government are opposed to it

Alexander Sitnikov, Managing partner
Vedomosti
12
January
2017

Legislation on procurement: main changes in 2016

During the course of last year, the government continued to make reforms in the regulated procurement sphere. These new initiatives and amendments to the legislation have led to major changes in the work of customers and suppliers. Together with experts in the legal field, we summarize the new developments in this sector, as well as share our forecasts for 2017.

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