Analytics Legal analytics



Select services and industries:

Select the period:

18
December

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
Ksenia Podguzova, Senior Associate of Commercial group
24
November

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

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 Energy practice
Alexander Kiselev, Senior associate of Energy practice
27
August

The adoption of VAT deductions in respect of compensation for the loss of electricity. Decision of the Supreme Court dated 29.07.2015

On 29 July 2015, the Judicial Panel on Economic Disputes of the RF Supreme Court issued a ruling on Case No. A51-5267/2013 and supported the position of the taxpayer – Artemovskaya Power Grid LLC, in a dispute with the tax authority about the possibility of making VAT deductions from the electricity purchased to compensate for losses. (This legal update is available only in Russian)

Yuriy Ivanov, Head of Tax practice
Alexander Kiselev, Senior associate of Energy practice
28
July

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

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
2
July

“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 Energy practice
Alexander Kiselev, Senior associate of Energy practice
8
June

Amendments to the Russian CFC rules and the capital amnesty

On 8 June 2015, President Vladimir Putin signed into law the Federal Law No.150-FZ "On amendments being made to Part One and Part Two of the Tax Code of the Russian Federation and article 3 of the Federal Law "On amendments being made to Part One and Part Two of the Tax Code of the Russian Federation". The Law has introduced modifications into the Tax Code of the Russian Federation relating to the rules of taxation of controlled foreign companies (CFC), tax residence, tax implications of voluntary declaration of property and accounts by individuals, symmetrical corrections for taxation of controlled transactions, as well as a threshold modification of the cost value of capital and depreciable assets.

Yuriy Ivanov, Head of Tax practice
13
May

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 Energy practice
Alexander Kiselev, Senior associate of Energy practice
29
April

Private initiatives in concessions: international experience and prospects of their formation in Russia

We present for your attention the study of VEGAS LEX and the PPP Centre on the private initiative to enter into concession agreements, carried out with the support of Ministry of Economic Development of Russia. (This legal update is available only in Russian)

Сollective of authors, VEGAS LEX
8
December

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
Ksenia Podguzova, Senior Associate of Commercial group
23
November

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

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
30
July

PPP Law: what's in a name?

July 1, 2015 the State Duma adopted a   the Federal Law "On public-private partnership, municipal-private partnership in the Russian Federation and the Introduction of Amendments to Certain Legislative Acts of the Russian Federation" regulates the relations connected with the preparation, conclusion and implementation of agreements on public-private and municipal-private partnership, establishes the authority of public law entities, public authorities and local governments in the fields of PPP and MPP, and also provides for changes in the legislation of the Russian Federation in terms of integration into a PPP agreement and MPP. (This legal update is available only in Russian)

Irina Dolgikh, Senior associate of PPP and infrastructure practice
16
July

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 Energy practice
Alexander Kiselev, Senior associate of Energy practice
3
July

Russian software to receive priority in state tenders

On 30 June 2015, the government published Federal Law dated 29.06.2015 No. 188-FZ “On Amendments to the Federal Law – On Information, Information Technologies, and Protection of Information” and Article 14 of the Federal Law “On the Contract System in the Procurement of Goods, Works, Services for State and Municipal Needs”.

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
18
June

Competition between airports in Europe

We present to your attention a translation of the study carried out by the European Association of Airports (ACI EUROPE) “Competition between airports in Europe”, made on the initiative and request of VEGAS LEX and InfraONE with support from the Federal Air Transport Agency.

Сollective of authors, VEGAS LEX
15
May

Electronic format of the textbook: the legal regime

In accordance with Paragraph 2 of the Order of the Russian Ministry of Education and Science dated 08.12.2014 No. 1559 “On Amendments to the procedure for the formation of the federal list of textbooks recommended for use in the implementation of state-accredited educational programs of primary general, basic general, and secondary general education, approved by the Order of the Ministry of Education and Science of the Russian Federation dated 5 September 2013 No. 1047” starting in 2015, in the Ministry of Education and Science of Russia in the Scientific and Methodological Council for textbooks copyright terms, a person with rights to a textbook, is presented, among other things, with an electronic format of the textbook, included in the federal list of textbooks recommended for use in the implementation of state-accredited educational programs of primary general, basic general, and secondary general education. (This legal update is available only in Russian)

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
Dmitry Borodin, Senior associate of Technologies and Investments Group
29
April

Litigation involving the Internet 2014-2015: Trends

This review presents the latest current trends in litigation involving the Internet 2014-2015. (This legal update is available only in Russian)

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
27
April

Private initiative formalized

How can an investor initiate a concession? How should the state assess the completed proposal form on the conclusion of a concession agreement? Practical advice. (This legal update is available only in Russian)

Irina Dolgikh, Senior associate of PPP and infrastructure practice
Pages: Prev. 1 2 3 4 5 6 ... 13 Next
Expert advice

Apply to participate

Agreement