Analytics Legal analytics Antitrust & Regulatory practice

3
July
2015

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
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

“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
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
3
October
2014

IP Immunities For Drug Manufacturers On The Russian Market

On 23 September 2014 the Court of Appeal ruled that IP immunities may not be regarded as a valid excuse for a patent holder/trademark holder in case of abuse of dominance on the drug circulation market, inter alia in those cases where a drug manufacturer refuses to enter into a supply agreement with its distributor.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
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
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
14
May
2014

Medical devices market. Managing antimonopoly risks

Today, “compliance” policies have been implemented by many companies operating in the medical devices market. Most of these policies are aimed at minimizing the risks of violations of international anti-corruption legislation and sectoral codes of conduct. Nevertheless, these policies should also be designed to minimize the risks associated with the requirements of the peremptory norms of Russian law, and in particular, legislation on the protection of competition. (This legal update is available only in Russian)
24
April
2014

Use of circumstantial evidence in cases of bid rigging

Anti-competitive agreements to increase, decrease, or maintain prices at tenders – prohibited by Paragraph 2 of Part 1 of Article 11 of the Federal Law dated 26 July 2006 No. 135-FZ “On Protection of Competition” – are the most common type of cartels. More than half of all cartel cases that are launched, involve bid rigging. However, in practice, there is no single standard of proof for such anti-competitive agreements. The most relevant in this context is the question of the use of circumstantial evidence, with significant differences in the approaches used by the competition authority and the courts.(This legal update is available only in Russian)
Сollective of authors, VEGAS LEX
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 "Industry and Resources"
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
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
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
20
October
2014

The practice of state procurement of drugs and medical devices. New rules of the game

Adoption of the Federal Law dated 05 April 2013 No. 44-FZ “On the contract system in the procurement of goods, works, and services for state and municipal needs” (hereinafter – the Law No. 44-FZ) substantially changed the procedure for holding public auctions. For more details, read this research report. (This legal update is available only in Russian)
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
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
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
6
May
2014

Interchangeability: regulation by manual drive

The issue of interchangeability of drugs has been discussed for a long time already. The positions of regulators and enterprises working in this sector can vary widely and are evolving, but in practice, government customers and physicians regularly face this question. (This legal update is available only in Russian)
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.
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