Thursday, October 24, 2013
FAS Russia Considers Amendments to Antimonopoly Laws
The Federal Antimonopoly Service (FAS Russia) is discussing amendments to the current antimonopoly laws (the so-called “third antimonopoly package”) as suggested by authorities and businesses. In particular, the draft amendments would eliminate the requirement to file multiple annual notifications with the FAS, require the FAS to send a warning prior to opening an investigation, provide for publication of rules for issuing determinations by the FAS, prohibit the formation of state and municipal enterprises in competitive markets, detail the procedures for applying antimonopoly laws to actions and agreements concerning the use of intellectual property rights, enable the use of joint operating agreements, and provide that entities with less than 35% market share could not be recognized as having a "dominant position" in the market. Discussion and review of the amendments remains on-going, with the hope that their adoption will reduce administrative burdens on the FAS and facilitate development of competition in Russia.