Analytics Legal analytics Commercial practice

21
July
2016

Tightening of administrative responsibility for violation of legislation on the contract system

Before its spring session ended, the State Duma of the Russian Federation adopted Federal Law dated 3 July 2016 No. 318-FZ “On Amendments to the RF Administrative Offences Code”. This law increased the number of actions that can be considered as administrative offenses, involving the violation of procurement procedures, as established by the legislation on the contract system, as well as the tightening of administrative responsibility for specific violations.

Alexander Sitnikov, Managing partner
29
April
2016

FAS will not pay interest on illegal fine

The Supreme Court of the Russian Federation has confirmed that current legislation does not provide for the possibility of reimbursing interest on borrowed funds used to pay administrative fines unlawfully levied by the Russian Federal Antimonopoly Service.

Alexander Sitnikov, Managing partner
9
July
2015

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
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
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
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
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
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
21
June
2016

Public procurement: protecting the exclusive rights of copyright holders

We present, for your information, a collection of articles on issues in the field of exclusive rights protection for copyright holders in the course of public procurement.

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
28
July
2015

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
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
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
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
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
4
July
2014

Presidium of SAC RF on major transactions and related party transactions

On 28 May 2014, the Supreme Arbitration Court of the Russian Federation issued Resolution of the Plenum No. 28 dated 16.05.2014, in which SAC RF clarified a number of issues related to the contestation of major transactions and related party transactions. (This legal update is available only in Russian)

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
12
May
2014

Administrative responsibility for violation of the Federal Law 223-FZ

On 16 May 2014, comes into force the Federal Law “On Amendments to the Code of Administrative Offences No. 122-FZ (the establishment of responsibility for violation of legislation of the Russian Federation on the procurement of goods, works, and services of certain kinds of legal entities)”. (This legal update is available only in Russian)

23
April
2014

Actions of a potential competitor may be considered unfair competition

Under unfair competition are considered the activities of economic entities, which are aimed at obtaining benefits, through the implementation of activities that are contrary to Russian legislation, business traditions, requirements for integrity, reasonableness and fairness, and that have caused or may cause losses to other economic entities – competitors, or have caused or may cause harm to their business reputation. Thus, from a literal interpretation of this definition, the actions of unfair competition can take place only in relations between real competitors. However, there exists in judiciary practices, allowing the prosecution for unfair competition, persons, who at the time of activity, are not the actual competitors of the victim (or potential competitors). (This legal update is available only in Russian)

Pages: Prev. 1 2 3 Next

Apply to participate

Agreement

Apply to participate

Оценка:

Agreement