Analytics Legal analytics Antitrust & Regulatory practice

6
June
2022

Russian Antitrust Laws — Sanctions Impact

Foreign policy developments and recent international sanctions have had a significant impact on all sectors of the economy. Such drastic changes have entailed active rulemaking aimed at adjusting the regulatory framework to new economic realities. The law-making initiatives concern, inter alia, issues related to the competence of the Federal Antimonopoly Service.
Alexander Sitnikov, Managing partner
Ilya Bochinin, Associate of Energy Practice
6
March
2020

Antitrust Compliance Law Adopted

On March 1, 2020, the President of the Russian Federation signed a law amending the Law on the Protection of Competition and at the level of federal legislation defines the concept of antitrust compliance and the basic requirements for it.
Alexander Sitnikov, Managing partner
18
May
2018

Overview of the practice in application by the FAS Russia of antimonopoly legislation for March-April 2018

The practice in application of the provisions of antimonopoly legislation is of a particular importance. Thus, having the knowledge of the current approaches to application of the antimonopoly legislation’s provisions, it is possible to forecast the possibilities and expediency of appealing the acts of antimonopoly authorities in the administrative or judicial proceedings. The VEGAS LEX law firm is providing you with an overview of the practice in application of the antimonopoly legislation’s provisions in March-April 2018.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
21
March
2018

From equivalence to interchangeability and vice versa

Interchangeability of medicines has always been of concern to pharma market participants. However, year by year, this issue brings up more questions than answers. From January 2018 the information on interchangeability of medicines will be subject to inclusion into the state register of medicines.

27
June
2017

"Departmental appeals" against the Russian Antimonopoly Serivce: describing the process, the procedures, and current outcomes

Starting January 5, 2016, the so-called “fourth antimonopoly package” of laws came into effect that substantially complemented existing legislation concerning the protection of competition. One of the more distinguished innovations is granting people the opportunity to contest rulings delivered by Russian Federation Federal Antimonopoly Service (hereinafter the FAS Russia) regional departments through extrajudicial proceedings. In this analytical review, a description is given of the mechanism that has been introduced and the appeal hearing procedure, and the current outcomes are reviewed for work performed on “departmental appeals” against the FAS Russia during the period they have existed.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
24
April
2017

Differentiation of liability for anti-competitive agreements

Federal Law No. 135-FZ dated July 26th, 2006 and entitled “On protecting competition” established several types of anti-competitive agreements that are prohibited (cartels, vertical agreements, and other agreements). These varieties differ significantly from each other in terms of the degree of their negative impact on competition and the threat they present for the public. However, until just now the measures for administrative enforcement that could be taken with people who signed any one of these anti-competitive agreements did not differ from each other in any way.
Alexander Sitnikov, Managing partner
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
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
21
January
2016

“To know everything” (Continued)

In 2014, the Astrel Publishing House, as the legal owner of the trademark “I want to know everything”, prohibited the AST-PRESS KNIGA Publishing House to publish a book in its “Baby’s Library” series that carried the working “I want to know everything” on its cover page. Astrel also sought to recover compensation for the illegal use of its trademark to the tune of 2.9 million rubles. However, the dispute over trademark “I want to know everything” continues.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
8
December
2015

Unfair competition: discrediting, misleading, and incorrect comparison

Coming into force on 05 January 2016 will be a number of significant changes to the Federal Law of 26 July 2006 No 135-FZ “On Protection of Competition”, also known as the “fourth antimonopoly package”. Among the amendments was a change to the existing Article 14 of the Law on Protection of Competition – by the addition of the new Chapter 2.1, dealing with unfair competition. The new Chapter 2.1 of the Law on the Protection of Competition has seven distinct prohibitions on unfair competition, as well as points to the openness of the list of forms of unfair competition. This analytical review is devoted to three separate formulations of unfair competition, standing out as a result of the adoption of the new amendments – discrediting, misrepresentation, and incorrect comparison – as well as the court practice that preceded the amendments, and the possible effect of the adoption of these amendments on law-enforcement practice.
Alexander Sitnikov, Managing partner
6
October
2015

Long-awaited novel amendments of the fourth antimonopoly package

On 05 October 2015, the Russian President signed Federal Law No. 275-FZ “On Amendments to the Federal Law – On Protection of Competition and Certain Legislative Acts of the Russian Federation”, also known as the “fourth antimonopoly package”. For several years, the fourth antimonopoly package was the focus of lively debate and subjected to numerous changes and adjustments. Its final version was the result of a compromise reached between the Federal Antimonopoly Service of the Russian Federation and the business community. Such a compromise in the fourth antimonopoly package largely explains the fact that, in some aspects, the antimonopoly regulations have been liberalized, while in others, they have been toughened. In this review, we will briefly analyse the key changes that were made to these regulations.
Alexander Sitnikov, Managing partner
8
October
2021

Antitrust and competition in Russia – 2021. Trends for the attention of foreign business

Over the last 5 or 6 years, the number of cases against foreign companies or their representative offices in Russia has increased sharply, a trend most likely to be related to the state’s response to the sanction pressure placed upon the Russian business abroad.

Alexander Sitnikov, Managing partner
Irina Nikolaeva, Junior associate, Energy practice
4
June
2018

Analysis of competitive situation on digital markets: legislative initiatives and Russian experience

In the “fifth antimonopoly package”, Federal Antimonopoly Service of Russia provides for the possibility to treat, in certain circumstances, the business entity, which owns infrastructure (platform) that is intended to organize and ensure cooperation of business entities and (or) consumers and which holds a commodities market share of less than 35 %, as occupying a dominant position. Specifically, it refers to the cases where network effects give such entity an opportunity to exercise a dominant influence on the general conditions of circulation of commodities and (or) remove other entities from the market and (or) impede access to the respective commodities market by other business entities.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
Dmitriy Borodin, Project manager of corporate direction
28
April
2018

Commercial policy of pharmaceutical company: objectives and conditions

In the recent years, the interest of the pharmaceutical industry participants in the matters related to drafting and application of commercial policies is not declining. Within the framework of this overview, we shall do our best to answer some topical issues relating to application of commercial policies by the business entities that occupy a dominant position on the pharmaceuticals markets and on the medical products markets.
15
January
2018

Federal Law No. 223-FZ: only tighten, never loosen

On December 31st, 2017 Federal Law No. 505 "On amending certain Russian Federation legislative enactments" was signed (hereinafter Amendments). The amendments introduce substantial changes into Federal Law No. 223-FZ "On procuring goods, work, and services by certain types of legal entities" dated July 18th, 2011 (hereinafter Federal Law No. 223-FZ).
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
19
May
2017

Big Data: the goals of antimonopoly regulation, or what we want to protect versus what we can

Big Data is now an important economic asset that can be used by organizations to gain a competitive advantage. Because of this, antimonopoly authorities are increasingly interested in regulating the market for Big Data.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
21
July
2016

Moving unitary enterprises to the contract system

In the final days of the spring session of the State Duma of the Russian Federation, an important law was passed aimed at strengthening control over procurement by state and municipal unitary enterprises. In this research report, we examine the key provisions of that legislation and its legal consequences for unitary enterprises.
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
18
December
2015

Review of practice: Decisions of the Supreme Court of the Russian Federation on the Protection of Competition in 2015

We are nearing the end of 2015. Over the past year, the Supreme Court ruled on over 400 judicial acts related to violations of antitrust laws, and bringing companies to administrative responsibility for such violations. Some of the acts, the Supreme Court of the Russian Federation supported and confirmed by already existing legal positions, while for others, it formulated new approaches to certain issues of antitrust legislation. This research report consists of a description of the most significant and interesting, in our opinion, decisions made by the Supreme Court in 2015.
Alexander Sitnikov, Managing partner
24
November
2015

Unfair competition: precedents of 2014–2015

The Federal Law dated 05.10.2015 No. 275-FZ “On Amendments to the Federal Law – On Protection of Competition, and certain legislative acts of the Russian Federation”, better known as the “fourth antimonopoly package”, highlighted the issues of unfair competition in a separate chapter. This chapter contains a more detailed description of the forms of unfair competition, based on previous law enforcement practice of bringing legal entities to accountability for such violations. In this regard, we have analyzed court practice on the question of unfair competition for the years 2014–2015. This review presents the most interesting and principle decisions that can set the direction of future court practice on unfair competition.
Alexander Sitnikov, Managing partner
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
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