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21
April
2016

FAS fines Perekrestok for exchanging discount cards with Azbuka Vkusa

Moscow Office of FAS has fined the Perekrestok supermarket chain for offering buyers, who would give up their discount cards from a competing supermarket chain, bonus points, according to the competition authority’s press service.

Pravo.ru
15
April
2016

HIV drugs being prepared for expropriation

Yesterday, during a roundtable held at the Russian Union of Industrialists and Entrepreneurs, Timofey Nizhegorodtsev, Head of the Social Sphere and Trade Monitoring Department at FAS Russia, said that the introduction of compulsory licensing of drugs would give the government additional opportunities for providing drugs to the population in “extraordinary” circumstances. Such could be, as was previously stated by Minister of Health Veronika Skvortsova, the current situation with the rising incidence of HIV/AIDS.

Kommersant
11
April
2016

Lagging behind?

Federal officials hit with unexpected criticism the Novoshakhtinsky Petroleum Factory (NZNP), affiliated with the “South of Russia” Company of Sergey Kislov – they were not satisfied with the pace of the construction work on the secondary refinery plant. Svetlana Radionova, deputy head of Rostekhnadzor stated that the NZNP had not done anything – not even hammered a rusty nail into the ground. At NZNP, they reject these accusations.

Gorod N
4
April
2016

Restricting the rights of minority shareholders will deprive them of the possibilities of challenging transactions

The Ministry of Economic Development has prepared amendments to the law “On Joint Stock Companies”, aimed not only at simplifying the approval of related party transactions, but also to make the challenging of transactions by shareholders more difficult. Experts believe that this is a very controversial initiative, because it exacerbates the already unenviable position of minority shareholders.

Pravo.ru
29
March
2016

Consideration paid can be returned – a new word from the Supreme Court on business lending

Court Collegium for Civil Cases corrected the courts, which were denying the borrower the right to recalculate the interest upon early repayment of the loan.
Victor Petrov, Partner, Head of Litigation practice
Legal.Report
22
March
2016

Experts: greater control over public procurement is not a panacea for corruption

During the spring session, the State Duma will review three draft bills that should transition state procurement processes into electronic auctions, as well as minimize cases where goods are acquired from a single supplier, and the possibility of failure to conclude a contract after a supplier has been chosen. These draft bills were met with resistance on the part of major state-owned companies. Experts are also ambivalent about the possible adoption of these bills – the transition to electronic trading on the background of an economic crisis and a budget deficit, can hardly be considered a panacea.
Pravo.ru
18
March
2016

FAS will allow the court to sell a patent without the consent of the copyright owner

The Federal Antimonopoly Service has come up with a punishment for abusing the dominant position of rights holders. Using new amendments to the RF Civil Code, they propose to punish the forced transfer of a license to use an invention. The right to appeal to the court will be given only to the agency itself and the company that is ready to produce similar goods. The adoption of this bill will of course have an impact on the pharmaceuticals sector – what this impact will be, the lawyers are working on right now.

Pravo.ru
15
March
2016

Bad compromise

The Competition Authority intends to be especially tough on persistent violators of the law, and actively cooperate with law enforcement authorities. At the same time, it will work on reaching peaceful agreements with companies voluntarily pleading guilty and prepared to change their behaviour in the market. However, experts warn that, despite all the external attractiveness of this idea, companies should seriously weigh the prospects of such peaceful agreements.

Pharmaceutical Bulletin
21
April
2016

“Forest amnesty”: who benefits from the new amendments to the Land Code

Ministry of Economic Development is proposing a “forest amnesty” – to legitimize the disputed borders and categories of land from the forest fund.

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
RBC
12
April
2016

Spy bridge

“FV” analysed the draft amendments to Law FZ-7 “On Non-Profit Organizations” within the sphere of clarifying the notion of “political activities”, and came up with a curious conclusion. If this law is adopted, joining the ranks of foreign agents, with a high degree of probability, will be the majority of charities and professional associations operating in the pharmaceutical industry. Moreover, these may not only be the companies, whose staff is composed of citizens of other countries, but also those whose members are traditionally domestic organizations, but with offshore charter capital.

Pharmaceutical Bulletin
11
April
2016

Benefits and drawbacks to online access to notarial acts

The government liked the idea of ​​the Ministry of Justice to provide round the clock, and free of charge, online access to information about all of notarized acts, and this draft bill will soon be considered by the State Duma. The authors of the initiative claim that this will simplify the authentication of the documents, and most importantly – will not harm the federal budget. Experts were unanimous in their delight with these amendments, not realizing that here we have a small, yet important, "but" – this is the law on personal data.

Victor Petrov, Partner, Head of Litigation practice
Pravo.ru
1
April
2016

In passing

As the Pharmaceutical Bulletin has learned, the Federal Tax Service (FTS) drew the attention of its territorial departments to the inadmissibility of artificial fragmentation of businesses, leading to the creation of additional tax benefits. This follows from a letter sent by the federal agency to its regional offices, in which was described in detail the formal criteria for dividing a business.

Yuriy Ivanov, Head of Tax practice
Pharmaceutical Bulletin
24
March
2016

Competition will be evaluated

The Federal Antimonopoly Service (FAS) has asked the country’s largest railway operators for information about their activities. According to the letter, the pretext was to analyse the state of competition in the railway fright car market for the years 2014-2015.

Gudok
18
March
2016

FAS has developed a draft bill on compulsory licensing

This federal agency has created a draft federal bill “On Amendments to the Federal Law – On Protection of Competition and Article 1362 of the Civil Code of the Russian Federation”. This document provides for compulsory licensing of certain goods.

Pharmaceutical Bulletin
16
March
2016

Disclosure by companies of their real owners will require development of new legal mechanisms

The Government has sent for review to the State Duma a draft bill that would require companies to collect, store, and update information about their ultimate owners, and ten, if necessary, to provide this info upon request to government agencies. For failure to fulfil these requirements, they could face fines of up to half a million roubles. However, companies cannot always tell who their beneficiaries really are – say the experts at Pravo.ru, pointing out the weaknesses of this initiative. These weaknesses include complex ownership chains, legal entities registered offshore, and finally, legal restrictions present in other countries – all these can become obstacles to achieving the intended goals of the government, without an additional arsenal of stratagems or new amendments to legislation.

Pravo.ru
10
March
2016

Pride and Prejudice

FAS Russia considered the behaviour of the Ministry of Health of the Russian Federation as not meeting the requirements of the Law “On Protection of Competition” and issued a warning to the agency to eliminate these violations. According to the FAS, the Ministry of Health is too zealous when it comes to making changes in the state register of maximum permissible selling prices, thereby preventing adequate work of pharmaceutical companies.

Pharmaceutical Bulletin
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