FEDERAL ANTIMONOPOLY SERVICE . New Antimonopoly Law of the Russian Federation. Moscow 2006. Legal frameworks for competition policy created by FAS Russia in 2006. Federal Law № 135- FZ “ О n Protection of Competition” ;
New Antimonopoly Law
of the Russian Federation
Agreements/contracts, achieved by Russian or foreign individuals or organizations outside of the Russian Federation, those concerning assets, stocks (shares) of Russian undertakings or rights related to Russian undertakings in case they effect competition in Russia are the subjects of the Law.
Any objects of civil rights, works, services including financial services, intended for market turnover are included into definition “Commodity”.
Geographic market also includes territories outside of the Russian Federation (global/regional markets).
The criteria for the existence of monopoly price are fixed.
Two methods to prove the existence of monopoly price are determined:
- analysis of prices on the comparable commodity market;
- analysis of the justification of cost and profit for production and realization of a commodity.
Fixed list of reasons for including persons into the same group.
Prohibitions fixed by the legislation for companies are applicable for group of persons as well.
The Government of the Russian Federation is empowered to set rules of non-discriminatory access to commodities, works, services of the subjects of natural monopolies.
Common conditions of legality of actions, agreements, transactions restricting competition, are introduced. These conditions are similar to EC conditions of legality of agreements and concerted practices restricting competition (Article 81, point 3 of the Rome Treaty).
Functions and responsibilities of the antimonopoly authority (continuation)
Compulsory division can be realized only in pursuance to the Decision of the Court which was taken on the claim of the antimonopoly authority.
The revenue received from monopolistic activity or unfair competition is the subject of transference to the Federal Budget.
- fines are calculated in percents of the turnover
- embryo of “leniency program”
- disqualification of managers
- some types of monopolistic activity are the subjects to criminal prosecution