Analytics Publications Antitrust & Regulatory practice

8
August
2018

Regulated purchases in the oil and gas industry: key changes and new opportunities

In the first issue of the Digest NEFTEGAZ (joint project of National Oil and Gas Forum and Oil and Gaz excibition, supported by Expocenter), read an article authered by Yulia Polyakova, lawyer of the Commercial Group VEGAS LEX, on the topic of procurement regulation in the Oil and Gas industry of Russia.

In her article, Julia analyzed the latest amendments to Federal Law No. 223-FZ of 18 July 2011 "On Procurement of goods, works, services by Individual Types of Legal Entities", which underwent significant changes affecting the purchase procedure in the Oil and Gas industry after 1 July 2018.
Digest NEFTEGAS
26
October
2017

Business in Russia. Antimonopoly enforcement risks for foreigners

Do the requirements outlined in Russian antimonopoly legislation apply to foreign companies whose activities could potentially influence the state of competition in the Russian Federation? Regulatory enforcement and court practice suggests what the answer is - they most likely do. Keeping this in mind, in some cases foreign companies should take into account the restrictions legally established in the Russian Federation, as well as monitor trends in administrative and judicial practice, when disputes are being reviewed involving prosecution for allegedly violating these requirements.

Competition and law
2
August
2017

Looking for an equivalent: when form and dosage requirements do not limit competition

Regulatory enforcement practice in the area of public procurement for pharmaceutical drugs is developing dynamically. The diversity of situations in life gives rise to different approaches adopted by law enforcement to interpret existing regulations. From this standpoint, practices observed in June and July 2017 in regard to procuring drugs used to treat tuberculosis are interesting. Specifically, we propose focusing attention on the approach taken by the antimonopoly authorities to evaluating the form and dosage requirements for the drugs that are procured.
Сollective of authors, VEGAS LEX
Medicinskiy vestnik (Medical bulletin)
30
May
2017

Overview of legislative changes from March – May 2017

In the new review, we would like to draw your attention to some important legislative changes that occurred in the spring of this year in the field of construction, antimonopoly regulation, labor law, and tax law. The Russian Ministry of Construction issued decrees that ratified the methods to be used to determine cost estimates for construction materials. Substantial changes have been introduced into Article 14.32 in the Russian Federation Administrative Offenses Code that establish the liability for signing anti-competitive agreements and implementing impermissible concerted actions. On March 28th, 2017 the Russian Federation State Duma introduced a bill for a federal law that would significantly restrict employers from demanding work days with irregular work hours. Another bill is going through public debate that obliges legal entities to gain knowledge of any beneficial owners that might exist, to take steps to identify them, and also to present information about them to the Russian Federal Service for Financial Monitoring and the Federal Tax Service upon request. to help combat both the legalization (laundering) of funds that have been acquired by illegal means and the financing of terrorism.
Alexander Sitnikov, Managing partner
Business of Russia
22
February
2017

The third exception

As is well-known, as per the provisions in federal law №44-FZ, a customer is obligated to procure pharmaceutical drugs in accordance with their international nonproprietary names. There are only two exceptions - medications from a list, which has not yet been approved, of pharmaceutical drugs whose purchase is to be made in accordance with their tradenames, and medications for the treatment of life-threatening situations. However, even in 2007 there was an approach that formed in judicial practice that allows the purchase of the tradenames insulin and cyclosporine.
Medicinskiy vestnik (Medical bulletin)
30
May
2016

They were not ready

On 30 November 2015, the Russian Government adopted Decree No. 1289, which embodies the concept of the “three’s a crowd” in the pharmaceutical sector. Despite the fact that this format of regulations has been discussed during the last few years, no government customers or suppliers of drugs were ready for the introduction of this document.
Medicinskiy vestnik (Medical bulletin)
13
May
2016

Development of competition on socially significant markets

Against the backdrop of economic globalization and expansion of international trade resources, the powers of domestic antitrust authorities may not be sufficient to ensure the development and protection of competition, especially on cross-border markets. In this connection, of special importance is interstate cooperation on the basis of bilateral agreements, as well as within the framework of international organizations. In this article, we look at cooperation in the development of competition, carried out within the framework of the CIS and the EEU.
EZH-Yurist
21
April
2016

Forced licensing

Over the past few years, in the pharmaceutical sector there have been live discussions taking place on the possibility of introducing compulsory licensing for the purposes of regulatory practice, with the goal of reducing drug prices and increased access to treatment by the population. Some experts referred to the positive examples of international experience in the application of compulsory licenses (India, Thailand, Brazil, etc.), drawing analogies between the markets of developing countries and the market of the Russian Federation. At the same time, extreme caution needs to be used when borrowing solutions from international experience, regarding the use of compulsory licenses.
EZH-Yurist
2
February
2016

Antitrust authorities have limited competence when it comes to considering appeals of individuals

Since the entry into force of the “fourth antimonopoly package”, the competence of antitrust authorities has been limited when it comes to considering appeals coming from the population.
21
October
2015

The practice of reviewing cases involving violations by state antimonopoly authorities and local self-government bodies

In this article, we review under which conditions state authorities and local authorities can be held accountable for the adoption of acts and the carrying out of actions that restrict competition. Analysed are the most common types of such violations, and the trends in judicial practice when considering these cases.
2
November
2017

Are there any boundaries for customs inspections?

Starting August 30, 2017 some amendments to Federal Law No. 311-FZ “On customs regulation in the Russian Federation” (hereinafter Law No. 311-FZ) entered into force that provide for the potential to both introduce a ban on trading certain types of goods in Russia and expand the authority enjoyed by customs agents. During a “sanctions standoff,” legislators came to the conclusion that adopting measures to ban importing certain types of goods into the country might not prove sufficient – so they permitted imposing restrictions on importing, storing, acquiring, or otherwise trading them inside Russian borders (this includes people acquiring them for their personal use).  
EZH-Yurist
11
October
2017

Overview of the changes in legislation from June-August 2017

In the legislation overview that is presented, you can familiarize yourselves with the key legislative amendments that impacted various areas and industries in the Russian economy. The “Law on strategic planners” was amended to establish additional restrictions on foreign investment in Russian society that could have strategic significance for the country’s defense industry and national security. Amendments entered into force aimed at introducing a pricing mechanism that uses the so-called "alternative boiler house” method to create stable conditions to attract investment into the field of district heating. The “forest amnesty” law was passed, which defines the procedures for determining the borders of plots of land that constitute part of the national forest reserves. On July 30th, 2017 the President of Russia signed a law that bans the use of technologies, information systems, and programs (anonymizers and VPN services) that allow circumventing blocked content and gaining access to information resources with content that is prohibited inside Russian Federation borders. The Russian Federation Ministry of Economic Development, in accordance with official instructions from the Russian government, drafted a bill that defines the basic principles for licensing activity, which is taken to mean activity performed by executive authorities to grant permits and perform related functions. At present, it is going through the stage of legislative impact assessment.
Alexander Sitnikov, Managing partner
Business of Russia
19
June
2017

The fight with cartels reaches a new level

Medicinal products and medical equipment, according to data from the Federal Antimonopoly Service, occupy one of the leading positions in the list of commodities markets that are most affected by cartel collusion. Andrey Tenishev, Director of the Anti-Cartel Department at the Federal Antimonopoly Service, points out that the level of cartelization in public procurement for medicinal products might be around 50%. Recently, antimonopoly authorities presented a multivariable system to identify cartels during electronic bids. By using this program, it is possible to remotely identify and prove cartel collusion during electronic bids in any region or across any industry. A certain amount of time needs to pass before the effectiveness of this solution can be evaluated. However, even now it is evident that fighting cartels requires new, improved approaches.
Pharmaceutical Bulletin
18
May
2017

Down a thorny path towards interchangeability

According to the consolidated approach that has formed during the process of supervising public procurement practices, interchangeable drugs are medicinal products with identical international non-proprietary names with interchangeable dosage forms and dosage amounts. However, the stance taken by regulatory enforcement practices is taking on a pattern that includes the possibility of recognizing medicinal products with different international non-proprietary names as interchangeable.
Medicinskiy vestnik (Medical bulletin)
25
July
2016

Disparate & interchangeable

The Russian Federal Antimonopoly Service in its clarifications repeatedly reported the position of the service on the interchangeability of certain drugs. In particular, a letter dated 9 April 2014 No. AK/13610/14 stated that the different dosages of drugs should be considered as interchangeable, if there is the possibility of multiple comparisons. At the same time, the practical application of this principle is not universal.
Medicinskiy vestnik (Medical bulletin)
24
May
2016

Antitrust Law Enforcement: the EU experience

Competition encourages companies to offer customers products and services on the most favourable terms. In addition, competition encourages innovation and the development of new efficient technologies, and the simultaneous reduction in prices. It is therefore important to focus on anti-monopoly regulations. We look at the experience of the European Union in this area, and pay attention to whether there is any correlation with anti-monopoly law enforcement practices in Russia.
EZH-Yurist
28
April
2016

When are prices monopolistically too high?

Cases of monopolistically too high prices are one of the most difficult types of situations to deal with by anti-monopoly authorities. This is due to the presence of many practical difficulties, since the anti-monopoly authorities must assess the company’s pricing procedure and then make a decision as to whether it corresponds with the provisions of the Federal Law dated 26.07.2006 No. 135-FZ “On Protection of Competition” (hereinafter the “Law on Protection of Competition”). The situation is complicated by the fact that the Law on Protection of Competition contains only general rules for assessment of price levels, which often cause ambiguous interpretations in practice.
EZH-Yurist
4
February
2016

New changes in antitrust legislation

Anti-monopoly legislation in 2015 was marked by several significant changes. In particular, certain anti-competitive offenses were decriminalized and the fourth antimonopoly package was adopted. We look at the main legal innovations.
EZH-Yurist
29
October
2015

4:0 in favour of the FAS?

The Federal Law dated 05 October 2015 No. 275-FZ “On Amendments to the Federal Law – On Protection of Competition and some legislative acts of the Russian Federation”, better known as the “fourth antimonopoly package”, introduces significant amendments to the antimonopoly legislation of the Russian Federation. Most of its provisions come into force on 05 January 2016. We analyse the most significant changes that are provided in this regulation.
EZH-Yurist
23
September
2015

Overview of the fourth antimonopoly package: key changes in the electrical energy sector

The draft Federal Law No. 602468-6 “On Amendments to the Federal Law – On Protection of Competition, other legislative acts of the Russian Federation and invalidating certain provisions of legislative acts of the Russian Federation” (hereinafter – the Draft Law, fourth antimonopoly package) was adopted on 16 September, during its second reading, by the State Duma of the Russian Federation.
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