Analytics Legal analytics

18
December
2015

Review of practice: Decisions of the Supreme Court of the Russian Federation on the Protection of Competition in 2015

We are nearing the end of 2015. Over the past year, the Supreme Court ruled on over 400 judicial acts related to violations of antitrust laws, and bringing companies to administrative responsibility for such violations. Some of the acts, the Supreme Court of the Russian Federation supported and confirmed by already existing legal positions, while for others, it formulated new approaches to certain issues of antitrust legislation. This research report consists of a description of the most significant and interesting, in our opinion, decisions made by the Supreme Court in 2015.
Alexander Sitnikov, Managing partner
24
November
2015

Unfair competition: precedents of 2014–2015

The Federal Law dated 05.10.2015 No. 275-FZ “On Amendments to the Federal Law – On Protection of Competition, and certain legislative acts of the Russian Federation”, better known as the “fourth antimonopoly package”, highlighted the issues of unfair competition in a separate chapter. This chapter contains a more detailed description of the forms of unfair competition, based on previous law enforcement practice of bringing legal entities to accountability for such violations. In this regard, we have analyzed court practice on the question of unfair competition for the years 2014–2015. This review presents the most interesting and principle decisions that can set the direction of future court practice on unfair competition.
Alexander Sitnikov, Managing partner
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
9
October
2015

The actual owner of the housing facilities should be responsible for paying for electricity

In Case No. A73-6824/2014, the Supreme Court considered a non-standard situation in which the supplier of last resort filed a claim for the recovery of electrical energy debts directly against the owner of the property, referring to the fact that the transactions involving the transfer of the said property, via a lease to a third party, had been recognized by the courts as invalid.
Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
28
July
2015

Summer harvest of laws

In the final days of the spring session of & nbsp; the State Duma of the Russian Federation adopted a number of important laws,   issues relating to public   procurement and competition   regulation. This article provides an analysis of the key provisions of the said legislation. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
9
July
2015

Special investment contract: novel amendment to Russian legislation

Federal Law dated 31 December 2014 No. 488-FZ “On industrial policy in the Russian Federation” provides for the establishment of a new institution to promote industrial activities in the Russian Federation – a special investment contract. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
13
May
2015

Abuse of rights in making calculations between the network organizations – innovation of the Supreme Court

Decision of the RF Supreme Court dated 08.04.2015 No. 307-ES14-4622 on Case No. A26-6783/2013, concerning a dispute between the Prionezhsky Grid Company OJSC and Petrozavodsk Utilities JSC. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
20
April
2015

Challenging the recommendations of the Federal Antimonopoly Service of Russia – the novel amendments of the Constitutional Court

On 31 March 2015, the Constitutional Court of the Russian Federation proclaimed Decree No. 6-P “On the case reviewing the constitutionality of Paragraph 1 of Part 4 of Article 2 of the Federal Constitutional Law – On the RF Supreme Court, and paragraph of the third Subparagraph 1 of Paragraph 1 of Article 342 of the Tax Code of the Russian Federation concerning the complaint of the Gazprom Neft Open Joint Stock Company”.
Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
19
March
2015

Network organizations: a new “eligibility criteria” for doing business

On 12 March 2015, Decree No. 184 of the Government of the RF entered into force, dated 28.02.2015 “On the allocation of owners of transmission facilities to the territorial network organizations”, adopted in the development of changes made to the Federal Law dated 29.12.2014, No. 466-FZ in Article 2 of the Federal Law dated 26.03.2003 No. 35-FZ “On the electric power industry” in the part of the concept of a “territorial network organization” (TNO). (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
Yuriy Tatarinov, Head of Energy practice
17
March
2015

Price changes involving technological connection contracts

The Supreme Court upheld the authority of local regulators to issue regulations on price changes involving technological connection agreements. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
4
March
2015

Advertising of drugs: risk matrix

Advertising and promotion of pharmaceuticals is a delicate and difficult task, since in this sphere intersect the art of attracting attention to the product, ethical principles and mandatory rules contained in advertising legislation as well as legislation on the protection of competition. In this regard, in order to facilitate the work of advertising and creative departments of pharmaceutical companies, as well as to simplify the work of advertising agencies – the counterparties of such companies, we prepared a summary matrix of the main risks, based on the analysis of law enforcement practice in the field of advertising of medicinal products. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
8
December
2015

Unfair competition: discrediting, misleading, and incorrect comparison

Coming into force on 05 January 2016 will be a number of significant changes to the Federal Law of 26 July 2006 No 135-FZ “On Protection of Competition”, also known as the “fourth antimonopoly package”. Among the amendments was a change to the existing Article 14 of the Law on Protection of Competition – by the addition of the new Chapter 2.1, dealing with unfair competition. The new Chapter 2.1 of the Law on the Protection of Competition has seven distinct prohibitions on unfair competition, as well as points to the openness of the list of forms of unfair competition. This analytical review is devoted to three separate formulations of unfair competition, standing out as a result of the adoption of the new amendments – discrediting, misrepresentation, and incorrect comparison – as well as the court practice that preceded the amendments, and the possible effect of the adoption of these amendments on law-enforcement practice.
Alexander Sitnikov, Managing partner
23
November
2015

New developments in patent cases in pharma

In November 2015 the Arbitration court of Moscow region rejected the originator's patent claim against the local drug manufacturer. Following the decision of the Supreme Arbitration Court in well-known Imatinibum case in 2009 the Arbitration court of Moscow region decided that no patent infringement may occur prior to state registration of a pharmaceutical product. Furthermore, the court gave several potentially important interpretations of IP regulations applied to pharmaceutical products. The relevant conclusions of the court may influence the future development of IP practice in pharmaceutical sector in Russia.
Alexander Sitnikov, Managing partner
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
6
October
2015

Long-awaited novel amendments of the fourth antimonopoly package

On 05 October 2015, the Russian President signed Federal Law No. 275-FZ “On Amendments to the Federal Law – On Protection of Competition and Certain Legislative Acts of the Russian Federation”, also known as the “fourth antimonopoly package”. For several years, the fourth antimonopoly package was the focus of lively debate and subjected to numerous changes and adjustments. Its final version was the result of a compromise reached between the Federal Antimonopoly Service of the Russian Federation and the business community. Such a compromise in the fourth antimonopoly package largely explains the fact that, in some aspects, the antimonopoly regulations have been liberalized, while in others, they have been toughened. In this review, we will briefly analyse the key changes that were made to these regulations.
Alexander Sitnikov, Managing partner
16
July
2015

The tri-zone version of a tariff does not violate the rights of the population

Ensuring uniform electric energy consumption by the population, taking into account the peak loads on the power grid in the mornings and evenings, as well as its significant reduction at night-time is one of the tasks of the state policy in the field of energy efficiency. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
2
July
2015

“Broadcast” tariff options from the consumer to the network organization

Decision of the RF Supreme Court dated 19.06.2015 No. 305-ES15-2617 on Case No. A40-8648/2014, concerning the dispute between Network and Sales companies for the recovery of debts for services of electric power transmission and penalties for violation of terms of payment. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
20
April
2015

Provisions of the new Administrative Procedures Code of the Russian Federation

As part of judicial reform in the Russian Federation, on 08 March 2015, the Administrative Procedures Code was adopted. The provisions of the adopted Code will apply in the consideration of cases arising from administrative and other state relations, starting already on 15 September 2015. Moreover, the sphere regulated by this Code will include cases on which proceedings were commenced before the said date. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
Victor Petrov, Partner, Head of Litigation practice
23
March
2015

New rules to analyse the state of competition: positive changes

On 15 March 2015, Order No. 33/15 of FAS Russia dated 30 January 2015 came into force, which introduced a number of changes to the order of analysing the state of competition in the commodity market, approved by Order No. 220 of FAS Russia dated 28 April 2010 (hereinafter – Order No. 220). Changes made to Order No. 220, on the whole, have a positive character for economic subjects and modify those provisions which earlier were subjected to justified criticism coming from market participants. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
17
March
2015

Criminal liability for antitrust violations: positive developments

On 08 March 2015, the Russian President signed Federal Law No. 45-FZ “On Amendments to Article 178 of the Criminal Code of the Russian Federation”, significantly reducing the number of violations of antitrust laws, which can result in criminal prosecution. The law comes into force on 20 March 2015. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
17
March
2015

“Anti-crisis” government regulations on state procurement

At the end of last year, the Federal Law dated 05.04.2013 No. 44-FZ “On the contract system in the procurement of goods, works, and services for state and municipal needs” a number of changes were introduced aimed at protecting the interests of suppliers in times of crisis. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
20
February
2015

Wholesale and retail mark-ups in VED trading: price regulation and state procurement

Federal Law dated 5 April 2013 No. 44-FZ “On the contract system in the area of procurement of goods, works, and services for state and municipal needs” (hereinafter – the Law No. 44-FZ) for the first time consolidated in federal legislation special rules governing the purchase of vital and essential drugs (VED). Nevertheless, already in the first year of application of these provisions, conflicting interpretations arose on the part of government customers, regulators, and market participants. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
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