Analytics Legal analytics Antitrust & Regulatory practice

18
March
2014

Protection of intellectual property rights on medicines. New practice

In December 2012, the auction commission of the Regional Ministry of Health rejected the application of a supplier of generic drugs, due to patent infringement of the manufacturer of the original drug. FAS Russia, the courts of first and appellate instances found the actions of the auction committee justified. However, on 17 February 2014, the Federal Arbitration Court of the Moscow District sent the case back for a new trial in the Court of First Instance, pointing out that the lower courts had not thoroughly examined the evidence in the case. (This legal update is available only in Russian)
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
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)
23
July
2013

Concession tender: no room for error

In the third issue we considered cases that are urgent and very common today, in which the subject of controversy are the competitive criteria. What positions have already been developed in law enforcement practice and what should be taken into account in the preparation of tender documentation? (This legal update is available only in Russian)
24
May
2013

Dynamic pricing: is any price discrimination legal?

Dynamic pricing is a type of price discrimination which occurs when different prices are charged to consumers for the same product depending on the category of the consumer. The Dynamic Pricing method has been successfully employed in the Western countries for a long time.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
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
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
27
September
2012

FAS Russia: recommendations to manufacturers and distributors of automotive products in the Russian Federation

After long and tense discussions by participants of the Expert Council on the Sales and Maintenance of Light Automobiles at FAS Russia, the Federal Antimonopoly Service of the Russian Federation formulated 7 recommendations for participants of this segment in Russia. (This legal update is available only in Russian)
Сollective of authors, VEGAS LEX
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
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
13
February
2014

Antitrust regulation and supervision in the electric power industry

On 26 December 2013, rules of antimonopoly regulation and control in the electricity industry, approved by Government Decision No. 1164 dated 17.12.2013, came into force. (This legal update is available only in Russian)
Evgeniy Rodin, Partner, Head of "Industry and Resources"
5
November
2013

Concession: DE JURE and DE FACTO

Review of legal practice involving concession agreements. (This legal update is available only in Russian)
30
May
2013

Pharma and MDS. Latest developments

On 28 May 2013 the Russian Ministry of Justice has registered the order of the Ministry of Economic Development dated 17 April 2013 No. 211 «On the conditions of access of the goods produced in foreign countries for state procurement purposes» (registration number 28536). Today it’s the only document relating to implementation of localization concept in Russia.

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)
5
November
2012

Cartel agreement. Can there be circumstantial evidence?

October 17, 2012, FAS of the Moscow District reversed a lower court decision and confirmed the cartel connection between the bidders on the basis of circumstantial evidence presented by the antimonopoly authority. October 18, 2012, the Ninth Arbitration Court of Appeal adopted a similar decision in another case of collusion in the auction, citing the above practice, and reversed the decision of the court of the first instance.
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).
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
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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