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16 October 2014
The Federal Anti-monopoly Service (FAS) has stated that adoption of the fourth antitrust package will help to reduce administrative workloads for businesses and facilitate a more competitive environment. Despite the business community's criticism of the proposals over the past two years, on September 4 2014 the government approved the package of amendments to antitrust law. The next step will be the introduction of a bill for discussion in the State Duma.
In general, the draft amendments propose a substantial cutback in administrative interference into market players' business activities, as well as a reduction in companies' administrative workloads. The amendments have triggered much debate, but their impact can be assessed only in the course of actual application.
The following amendments to the Federal Law on Protection of Competition (135-FZ/2006) have been proposed:
Most criticism from the business community has been aimed at the requirement to publish company trade policies under the rules on non-discriminatory access. These concerns appear justified, since this requirement could lead to disclosure of commercially sensitive information.
Concerns were also raised over the FAS's proposal to apply antitrust law to the exercise of exclusive rights. Following widespread debate, the FAS retracted these proposals, since the restriction and exercise of exclusive rights are governed by the Civil Code.
Irrespective of the broad scope of the amendments, it appears that they will have little effect on companies that strictly comply with antitrust law.
For further information on this topic please contact Irina Akimova at Capital Legal Services International by telephone (+7 495 970 10 90), fax (+7 495 970 10 91) or email (email@example.com). The Capital Legal Services International website can be accessed at www.cls.ru.
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