Press centre News Антимонопольная и регуляторная практика

21
December
2016

The Audit Chamber proposes a moratorium on amendments to law 44-FZ

The accounting Chamber suggested that a moratorium be placed on new amendments to Law No. 44-FZ “On the contract system”, which regulates public procurement in Russia. This initiative came after a monitoring of public and corporate procurement practices during the first nine months of 2016, according to Kommersant. Since the adoption of this law in 2013, the text has been changed more than 30 times.
Trading is appropriate
8
November
2016

State Duma recommends reforming procedures for procurement of essential drugs

A Deputy from the Just Russia Party, Mikhail Emelyanov, has proposed to abandon the procurement of essential medicines, based on their active ingredient. This would lead to increasing the cost of medicines for the government, say the experts.
RBC
10
October
2016

Roszdravnadzor withdrew the cause blindness in patients – the drug Avastin

Roszdravnadzor withdrew the drug Avastin, due to the use of which 11 patients went blind in the Helmholtz Clinic in Moscow. The manufacturer said that that the clinic was not supposed to use the drug, but the FAS and the doctors say the opposite

RBC
12
August
2016

Penalty kick

The Federal Antimonopoly Service (FAS) has finally fined Google on the basis of an investigation that lasted almost a year and a half and was initiated by Yandex. For creating obstacles by installing applications and services of other companies on Android-devices, Google will have to pay 438 million roubles. This is about 2.5% of the revenues Google LLC for 2014.

Kommersant
29
July
2016

Instar Logistics tests out warehouse complex

UFAS suspected Ufaneftekhim of restricting competition.
Kommersant (Ufa)
21
April
2016

FAS fines Perekrestok for exchanging discount cards with Azbuka Vkusa

Moscow Office of FAS has fined the Perekrestok supermarket chain for offering buyers, who would give up their discount cards from a competing supermarket chain, bonus points, according to the competition authority’s press service.

Pravo.ru
18
March
2016

FAS has developed a draft bill on compulsory licensing

This federal agency has created a draft federal bill “On Amendments to the Federal Law – On Protection of Competition and Article 1362 of the Civil Code of the Russian Federation”. This document provides for compulsory licensing of certain goods.

Pharmaceutical Bulletin
15
March
2016

Bad compromise

The Competition Authority intends to be especially tough on persistent violators of the law, and actively cooperate with law enforcement authorities. At the same time, it will work on reaching peaceful agreements with companies voluntarily pleading guilty and prepared to change their behaviour in the market. However, experts warn that, despite all the external attractiveness of this idea, companies should seriously weigh the prospects of such peaceful agreements.

Pharmaceutical Bulletin
13
December
2016

Intellectual property in the light of the antitrust laws: the pros and cons

The idea of ​​expanding antimonopoly legislation to encompass intellectual property has been discussed for a long time already. We are talking here about the introduction of compulsory licensing for medicines, if these are necessary for the health of the population, and on the enactment of an antitrust law on the turnover of goods produced using a patented object. Perhaps the FAS will soon implement the initiatives developed by the draft legislation office. However, lawyers have different opinions when it comes to these recommendations.
Pravo.ru
13
October
2016

Voskhod denies being part of a cartel

Ufa-based bread company Voskhod intends to disprove in a commercial court the findings of the Federal Antimonopoly Service that, at the end of last year, it and other bread makers colluded against the international retail chain Auchan. The company is seeking to have the decision and order from the antimonopoly authority overturned. The hearing starts on 23 October. The other alleged members of the cartel –bread factories in a group owned by businessman Alexei Krutov– also intend to contest the Federal Antimonopoly Service's claims. Auchan has been brought into the proceedings as a third party.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
Kommersant (Ufa)
14
September
2016

Through thorns to coercion

Six months after notifying about the beginning of the development of an instrument for compulsory licensing, the Federal Antimonopoly Service (FAS), not having placed it on the information disclosure website, presented a draft bill during a meeting with representatives of the Russian Lawyers Association. The reaction of the pharmaceutical market to the return of this initiative has been mixed.
Pharmaceutical Bulletin
11
August
2016

The draft law on state procurement for the provision of social services will affect the pharmaceutical market

Russia’s Finance Ministry has developed a draft law “On State (Municipal) Orders for the Provision of Public (Municipal) Social Services and Amendments to Certain Legislative Acts of the Russian Federation”. These services the citizens will be able to receive in the areas of education, social protection, employment, health, etc.

Pharmaceutical Bulletin
17
May
2016

The third was a complete fool

Distributors are faced with new problems in the application of the “odd man out” regulation. They are subject to penalties, if their applications are rejected because of this document more than two times during one quarter. According to FV, wholesalers are so unhappy with the situation, that they have already applied to the Ministry of Economic Development. The ministry has confirmed that this problem is well known to them, and that they have taken a number of steps to address this issue.

Pharmaceutical Bulletin
24
March
2016

Competition will be evaluated

The Federal Antimonopoly Service (FAS) has asked the country’s largest railway operators for information about their activities. According to the letter, the pretext was to analyse the state of competition in the railway fright car market for the years 2014-2015.

Gudok
18
March
2016

FAS will allow the court to sell a patent without the consent of the copyright owner

The Federal Antimonopoly Service has come up with a punishment for abusing the dominant position of rights holders. Using new amendments to the RF Civil Code, they propose to punish the forced transfer of a license to use an invention. The right to appeal to the court will be given only to the agency itself and the company that is ready to produce similar goods. The adoption of this bill will of course have an impact on the pharmaceuticals sector – what this impact will be, the lawyers are working on right now.

Pravo.ru
10
March
2016

Pride and Prejudice

FAS Russia considered the behaviour of the Ministry of Health of the Russian Federation as not meeting the requirements of the Law “On Protection of Competition” and issued a warning to the agency to eliminate these violations. According to the FAS, the Ministry of Health is too zealous when it comes to making changes in the state register of maximum permissible selling prices, thereby preventing adequate work of pharmaceutical companies.

Pharmaceutical Bulletin
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