Analytics Publications Commercial practice

25
July
2016

Disparate & interchangeable

The Russian Federal Antimonopoly Service in its clarifications repeatedly reported the position of the service on the interchangeability of certain drugs. In particular, a letter dated 9 April 2014 No. AK/13610/14 stated that the different dosages of drugs should be considered as interchangeable, if there is the possibility of multiple comparisons. At the same time, the practical application of this principle is not universal.
Medicinskiy vestnik (Medical bulletin)
24
May
2016

Antitrust Law Enforcement: the EU experience

Competition encourages companies to offer customers products and services on the most favourable terms. In addition, competition encourages innovation and the development of new efficient technologies, and the simultaneous reduction in prices. It is therefore important to focus on anti-monopoly regulations. We look at the experience of the European Union in this area, and pay attention to whether there is any correlation with anti-monopoly law enforcement practices in Russia.
EZH-Yurist
28
April
2016

When are prices monopolistically too high?

Cases of monopolistically too high prices are one of the most difficult types of situations to deal with by anti-monopoly authorities. This is due to the presence of many practical difficulties, since the anti-monopoly authorities must assess the company’s pricing procedure and then make a decision as to whether it corresponds with the provisions of the Federal Law dated 26.07.2006 No. 135-FZ “On Protection of Competition” (hereinafter the “Law on Protection of Competition”). The situation is complicated by the fact that the Law on Protection of Competition contains only general rules for assessment of price levels, which often cause ambiguous interpretations in practice.
EZH-Yurist
15
April
2016

Protecting the rights of owners of registered book-entry registered securities by filing a claim vindication

Book-entry registered securities and stocks are of particular value for their owners by virtue of their representing large amounts of property, intellectual and corporate rights. For this reason, shares are often the subject to civil law transactions, which subsequently may end up being challenged by one of the parties, for whatever reasons. The problem of protection of the rights of owners of book entry registered securities is now extremely urgent, due to the development of civil law turnover and a significant volume of transactions involving shares.
Securities Market
24
March
2016

Currency violations: a new procedure for calculating fines

On 26 February 2016, a new version of Chapter 5, Article 15.25 of the Administrative Offences Code of the Russian Federation came into effect, which changes the obligations of participants of foreign economic activities for violation of terms of returning to the Russian Federation of advances, not used by foreign contractors. The authors of the law say that these changes are meant to ease the administrative burden, in order to support imports. However, in practice, its implementation can lead to a number of problems.
Ilya Shengeliya, Compliance Counsel
EZH-Yurist
23
September
2015

Overview of the fourth antimonopoly package: key changes in the electrical energy sector

The draft Federal Law No. 602468-6 “On Amendments to the Federal Law – On Protection of Competition, other legislative acts of the Russian Federation and invalidating certain provisions of legislative acts of the Russian Federation” (hereinafter – the Draft Law, fourth antimonopoly package) was adopted on 16 September, during its second reading, by the State Duma of the Russian Federation.
BigpowerNews
14
July
2016

Get out of the drawbar

The Law on “Circulation of Medicines” is in a state of transformation
Pharmaceutical Bulletin
13
May
2016

Development of competition on socially significant markets

Against the backdrop of economic globalization and expansion of international trade resources, the powers of domestic antitrust authorities may not be sufficient to ensure the development and protection of competition, especially on cross-border markets. In this connection, of special importance is interstate cooperation on the basis of bilateral agreements, as well as within the framework of international organizations. In this article, we look at cooperation in the development of competition, carried out within the framework of the CIS and the EEU.
EZH-Yurist
21
April
2016

Forced licensing

Over the past few years, in the pharmaceutical sector there have been live discussions taking place on the possibility of introducing compulsory licensing for the purposes of regulatory practice, with the goal of reducing drug prices and increased access to treatment by the population. Some experts referred to the positive examples of international experience in the application of compulsory licenses (India, Thailand, Brazil, etc.), drawing analogies between the markets of developing countries and the market of the Russian Federation. At the same time, extreme caution needs to be used when borrowing solutions from international experience, regarding the use of compulsory licenses.
EZH-Yurist
6
April
2016

Overview of the judicial practice in the field of production and circulation of medical products in December 2015, February 2016

In this monthly review, we analyse the judicial practice in the field of manufacturing and circulation of medical products, in order to help industry professionals avoid mistakes in dealing with similar problems.

Remedium
21
October
2015

What to do if a bank has restricted cash withdrawals

Whereas limiting the amount cash withdrawals by a credit organization is not necessarily a situation that entails the violation of the rights of the client, it nevertheless serves as an indicator of negative economic changes that have occurred in the financial position of that bank.
22
September
2015

Overview of changes to legislation in July-August 2015

This summer, the Russian State Duma adopted a number of important laws, some of which will be introduced to you in the new survey. With the adoption on 01 July 2015 of the law on PPP, new players may appear on the established concession projects market, which will come out with new initiatives in the PPP field. Moreover, the novel amendments in this law will have a significant impact on regional PPP-projects markets. Employees will now be able to apply for recognition of their employer as insolvent (bankrupt). For actions that have caused failure to fulfil obligations under a state contract, and cause substantial harm to legally protected interests of society and the state, severe administrative fines will be levied. Legal entities registered in a territory, not requiring the disclosure of information on financial operations in relation to legal entities, are prohibited from participating in state tenders. Citizens of the Russian Federation, starting from 01 January 2016, will have the so-called “right to be forgotten” – the right to require an operator of a search engine on the Internet to stop the issuance of links that allow access to personal information.
Alexander Sitnikov, Managing partner
Business of Russia
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