Analytics Legal analytics

6
February
2015

The loss of privileges by Oboronenergosbyt OJSC

Draft Resolution of the Government of the Russian Federation “On approval of the changes being made to certain acts of the Government of the Russian Federation on changing areas of activity of last resort suppliers” further regulates the procedure for replacing last resort suppliers (LRS) for consumers of the Defence Ministry of Russian Federation. To date, the Draft Resolution has passed the Regulatory Impact Assessment procedure, and is waiting to be signed by the Chairman of the Russian Government. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of "Industry and Resources"
2
February
2015

Regulatory developments in pharmaceutical sector in Russia: February 2015

According to MoH, starting on 1 March 2015, it is prohibited to sell medicines included into the EDL for 2015, if the drug manufacturers fail to register the maximum sale prices for such medicines. Further to the Federal Law “On Drug Circulation”, this prohibition applies to drug manufacturers, wholesalers and pharmacies. It also means, that such essential drugs (with no price registered) will not be admitted to state tenders subject to the direct provisions of the Federal Law “On Contractual System for State Procurement”.
Alexander Sitnikov, Managing partner
15
October
2014

The Constitutional Court of the Russian Federation on the procedure for compulsory purchase of a property located on the territory of integrated development

One of the directions for the development of land and urban planning legislation of the Russian Federation is to move from point construction to integrated development of territories. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
1
October
2014

Introduction of the new market model of thermal energy

The accumulated problems in the heating supply, primarily due to the high wear and tear of fixed assets, now require major investments into equipment modernization. However, the industry has developed a system of relations that makes the heating sector unattractive to investors. This is not the first year that they have been discussing the need for the introduction of a new market model, which is discussed in more detail in an analytical review. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
1
August
2014

Private antitrust suits in Russia: current situation and future perspectives

The importance of private antitrust lawsuits in Russia has risen significantly over the past few years. In 2000-2011 such claims were satisfied quite rarely. However, in January 2012, a provision directly entitling to sue a legal entity, which committed an antitrust violation, for damages caused by such violation, was introduced into Russian law. Since that time, the overall number of private antitrust lawsuits filed in Russian courts has substantially increased, as well as the number of satisfied claims.
Alexander Sitnikov, Managing partner
8
July
2014

Ministry of Energy raises the bar for network companies

Pursuant to the Presidential Decree No. 1567 dated 22 November 2012, a strategy was worked out for the development of the electric grid complex of the Russian Federation (hereinafter – the Development Strategy), which places restrictions on the activities of unqualified territorial grid organizations (hereinafter – TGO) through consolidation and the introduction of criteria for the recognition of a legal entity as a grid organization. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
24
June
2014

Russian court satisfies the claim for recovery of loss of profit from a foreign pharmaceutical company

On 24 June 2014 Moscow City Arbitrazh court satisfied a claim for the recovery of damages in the amount of RUB 408,375,000 from the foreign pharmaceutical company (case No. A40-14800/14).

Alexander Sitnikov, Managing partner
21
May
2014

The practice of judicial review of warnings issued by the antimonopoly authority

On 15 April 2014, the Presidium of the Supreme Arbitration Court of the Russian Federation, examined by way of supervision Case No. A43-26473/2012, and defined the practice, according to which the warnings issued by the antimonopoly authority pursuant to Article 39.1 of the Federal Law dated 26 July 2006 “On Protection of Competition”, had the attributes of a non-normative legal act and thus was subject to an independent appeal procedure pursuant to Chapter 24 of the Arbitration Procedure Code of the Russian Federation. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
25
March
2014

Reducing mono-networks

On 13 March 2014, the official web portal of legal information published Government Decree No. 179 dated 07 March 2014 “On amendments to some acts of the Government of the Russian Federation on issues of electric power” (hereinafter – Decree No. 179).This Decree amended the rules for non-discriminatory access to electric power transmission and provision of these services and the Basis of pricing policy in regulated prices (tariffs) in the electric power industry. Innovations concerned the functioning of territorial network organizations serving mainly one customer (hereinafter – mono-networks). (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of "Industry and Resources"
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
3
February
2015

The Supreme Court allowed restrictions to be placed on electricity supply to the military

On the electric energy supply market, over a long period of time, the Ministry of Defence accumulated significant consumer indebtedness. At the same time, based on the fact that these customers were served by their “own” last resort supplier (LSR) – Oboronenergosbyt OJSC, the main LSR in the region had virtually no opportunity to influence the debtors. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of "Industry and Resources"
12
January
2015

Law on public procurement is adapted to changing market conditions

The terms and conditions of contracts, the performance of which should be completed in 2015, may be revised by mutual agreement (Federal Law dated 31.12.2014 No. 498-FZ). (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
1
October
2014

The new guidelines for pricing policies of monopolists

At the end of September 2014, the official website of FAS Russia published principles of economic analysis of pricing practices concerning their compliance with the Law on Protection of Competition. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
7
August
2014

Court practice of approving amicable settlement agreements with antitrust authorities

On 18 July 2014, was adopted Resolution No. 50 by the Plenum of the Supreme Arbitration Court of the Russian Federation “On the reconciliation of parties in the arbitration process” (Decree on the reconciliation of parties). In the said Resolution, SAC RF clarified that, inter alia, economic disputes, such as those arising from administrative and other public relations (including anti-trust), may be settled by amicable agreements. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
17
July
2014

Topical issues in real estate, construction and land relations

VEGAS LEX law firm released a collection of publications in the years 2013-2014 on current issues in real estate, construction and land relations. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
2
July
2014

Court sought lost profits from a foreign company, caused by the violation of antimonopoly legislation

On 24 June 2014, Arbitration Court of Moscow decided to recover from a foreign manufacturer of medicines damages in the amount of 408.375 million roubles in favour of their Russian counterpart (Case No. A40-14800/14). (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
10
June
2014

Interchangeability of biological drugs. Analysis of foreign experience

We present to your attention a new analytical review “Interchangeability of biological drugs. Analysis of foreign experience.” (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
15
April
2014

New rules for gas consumers

On 1 March 2014, Rules for connection to gas distribution networks entered into force. These rules determine the procedures for connections (technical connections) to gas networks, designed, constructed, reconstructed or built, but not connected to the gas distribution network’s capital construction objects. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
19
February
2014

Collection of inter-tariff differences

On 06.12.2013, in order to ensure the principle of uniformity of judicial practice in the arbitration courts, the RF Supreme Arbitration Court in Plenum Resolution No. 87 dated 06.12.2013 “On some issues of dispute resolution relating to recovery of losses of resource-supplying organizations caused by a difference in inter-tariffs” provided explanations regarding the consideration of disputes, between resource-supplying organizations, caused by the tariffs set by the regulator in the amount lower than is economically justified. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
1
November
2012

Private antitrust suits. Perspectives in Russia

Private antitrust suits: what's behind? Private antitrust suits: any precedents? Conclusions and recommendations.

Alexander Sitnikov, Managing partner
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