Analytics Legal analytics Commercial practice

24
March
2014

Commercial policies of pharmaceutical companies and medical device manufacturers: new lessons for market players

Federal Antimonopoly Service (FAS) and Russian court practice in addressing unreasonable refusals to enter into a supply agreement continues to develop. Several new cases considered by the FAS and the courts at the end of 2013/beginning of 2014 have enabled the identification of new trends in legal implementation policies.

23
May
2013

Appeal of warnings issued by FAS Russia. Review of practices

A warning is a written notice from FAS Russia to stop actions (or inactions) that contain signs of violation of antitrust laws. Moreover, if the conditions of the warning are fulfilled, then no antitrust case will be launched. It is important to note that SAC RF has not yet stated its position on the possibility of challenging a non-normative act, such as a warning, but rather has refused to transfer a number of cases appealing the warnings from the antimonopoly body to the Presidium for review. (This legal update is available only in Russian)

6
May
2013

Comprehensive insurance

Modern business is often faced with unusual tasks, which generate non-standard risks. Traditionally, the main risk management tool is insurance. Of huge importance for “comprehensive insurance” contracts is the Decree of the Presidium of SAC RF No. 7884/12 dated 20 November 2012.

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
1
April
2013

Pharma legislative developments review

Legislative initiatives. Regulatory changes. Public Discussions. Court practice.

30
October
2012

Ways of the Federal Law-223 development

October 25, 2012, the Committee on Land Relations and Construction of the State Duma of the Russian Federation helda round table discussion on "The implementation and ways of improving of the Federal Law of July 18, 2011, № 223-FZ "On the procurement of goods, works and services by certain categories of legal entities" (hereinafter - the Law 223-FZ).

3
April
2012

The legal position of the Supreme Arbitration Court in the sphere of antitrust regulation

The dynamics of development and perfection of Russian antimonopoly legislation often entails difficulties, associated with its use. In this regard, important and necessary is an active dialogue between courts, the antitrust regulator, and direct market participants. (This legal update is available only in Russian)

Alexander Sitnikov, Managing partner
21
June
2011

Novel amendments to legislation: regulation of retail prices for socially important industrial goods

On 09 June 2011, the State Duma introduced a bill “On Amendments to Article 8 of the Federal Law – On the basis of state regulation of commercial activities in the Russian Federation”. The draft bill gives the Government of RF the authority to set additional maximum allowable retail prices for socially important industrial goods, if during 30 consecutive calendar days, retail prices grow by ten percent or more. (This legal update is available only in Russian)

Сollective of authors, VEGAS LEX
26
April
2011

Promotion of pharmaceutical products shall be limited

On 21 April 2011, the State Duma received for review from the Ministry of Health and Social Development draft law No. 534829-5 “On the basis of health protection of citizens in the Russian Federation”, which among other things, sets limits on individual ways for the promotion of drugs and medical devices by pharmaceutical companies. (This legal update is available only in Russian)

4
February
2014

“New Year” changes in corporate and state procurement

On 28 December 2013, the President signed Federal Law No. 396-FZ, which made changes to a number of regulations on the implementation of state procurement. In particular, the changes affected the provisions of the Federal Law dated 26 July 2006 No. 135-FZ “On Protection of Competition” and the Federal Law dated 18 July 2011 No. 223-FZ “On procurement of goods, works, and services of certain kinds of legal entities”. (This legal update is available only in Russian)

21
May
2013

Consumers blackmaling the car dealers

Recently, in the sphere of retail purchase and sale of vehicles, gaining momentum is such a thing as “consumer greenmail” (in other words, consumer blackmail). The consumer imposes on the car dealer unfavourable conditions for the sale of the car, often blackmailing by claiming violation of his rights and of existing legislation and sometimes threatening litigation. Such consumer behaviour from a formal point of view is lawful, and at first glance, it may be recognized only as “unethical”. At the same time, it is fraught with serious financial and reputational losses for the auto dealers. In this connection, the problem of “consumer greenmail” requires thorough diagnostics and systemic solutions.

Maxim Grigoryev, Partner, Head of Southern directorate, Head of special projects
Ilya Shengeliya, Compliance Counsel
25
April
2013

Government purchases: reloaded. Build 20.14

On April 8, 2013, Federal Law No. 44-FZ "On contractual system in the procurement of products, works and services to satisfy state and municipal needs" (Hereafter referred to as the Contractual System Law) was published; from January 1, 2014, it is to replace the current law on orders placement.

Maxim Grigoryev, Partner, Head of Southern directorate, Head of special projects
Ilya Shengeliya, Compliance Counsel
23
November
2012

Recovery of damages for breach of antitrust laws: Are there any prospects?

(This legal update is available only in Russian)

Alexander Sitnikov, Managing partner
18
May
2012

Q & A: The violation of antimonopoly legislation by credit institutions and insurance companies

Responses and recommendations are based on jurisprudence practice in the years 2010 – beginning of 2012. In connection with the amendments to the Law on Protection of Competition, we can expect a change in the practice of antitrust authorities and courts. (This legal update is available only in Russian)

Alexander Sitnikov, Managing partner
12
September
2011

Pharmaceutical Industry: Entering the distribution network. The position of the FAS Russia.

Summer 2011 witnessed the end of 2 major proceedings of the Federal Antimonopoly Service of Russia against OOO Novo Nordisc and Johnson & Johnson LLC. The appeal of the said judgments confirmed the legality of antimonopoly agency decisions, which constitutes a precedent for the companies developing their distribution network in Russia. In fact, in order to eliminate further risk of liability for violation of antitrust law in Russia it is necessary to work out, accept as standard and publicize the requirements for the companies wishing to become a distributor in Russia.

Alexander Sitnikov, Managing partner
16
May
2011

Trade Law: Legislative novel amendments and development of enforcement practices

During the period from August 2010 to April 2011 as a result of the antitrust authorities examining 247 cases, in which the facts of infringement were established, imposed turnover-based and other fines in accordance with the Administrative Offences Code totalling 65.5 million roubles. (This legal update is available only in Russian)

Сollective of authors, VEGAS LEX
1
March
2011

Trade and commercial policies of pharmaceutical market participants. Risk areas

In 2010, the Federal Antimonopoly Service conducted a series of tests, the results of which indicate certain general trends in the approach of the antimonopoly authority to the qualification of provisions of trade and commercial policies. In particular, FAS considered a test case against the two pharmaceutical companies: Johnson & Johnson and Novo Nordisk LLC, the analysis of which allowed identifying key areas of risk for the manufacturers of medicinal products and medical devices. (This legal update is available only in Russian)

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