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New anti-cartel tools
6 min read
Two draft laws that the Russian Federal Antimonopoly Service developed to toughen criminal and administrative liability for the entry into, and being a party to, a cartel waited in the wings for three years. The State Duma adopted them in the first reading in December 2022. How will the anti-cartel article in the Russian Criminal Code (the “Criminal Code”) and the programme of release from liability change, and what fines will be imposed for impeding antitrust inspections? Read more in the article of Elena Sokolovskaya, Pepeliaev Group’s partner.
The set of documents which help businesses devise an efficient compliance system and understand the process of its implementation will be updated with a new national standard. It will come into effect starting from 2023 and is aimed at creating unified rules and procedures when companies implement tools for preventing antimonopoly risks. Elena Sokolovskaya, partner at Pepeliaev Group, will review, what does the standard offer, and what questions arise owing to it being adopted.
The digital package
6 min read
The role of digital companies and platforms in the modern market economy has greatly increased. They began to occupy dominant positions, influence the real sector, which in turn increases the risks for competition. In order to reduce them, the fifth set of antitrust amendments has been developed. Elena Sokolovskaya, partner at Pepeliaev Group, will consider the most significant new developments.
The issue of whether parallel import may be made legal in Russia has been discussed over the past several years. However, since the beginning of March the mere discussion has transformed into practical effort, i.e. the following regulations were successively adopted: Federal Law No. 46-FZ dated 8 March 2022 (“46-FZ”), the Government’s Resolution No. 506-PP dated 29 March 2022 (“506-PP”) and Order No. 1532 of the Russian Ministry of Industry and Trade dated 19 April 2022 (was registered with the Russian Ministry of Justice on 6 May 2022 and has undergone two iterations since that time, the last of which came into force on 7 August 2022). Please find details in the article of Konstantin Sharlovskiy, Head of the Life Sciences Practice, Pepeliaev Group.
The economic sanctions imposed, together with other restrictive measures, have caused a surge in prices of many food items and socially important goods. Consequently, the number of applications from citizens to the Russian Federal Antimonopoly Service has increased, including at the level of the country’s regions. In order to identify violations in pricing and to counter the actions of bad-faith business entities in a more efficient and timely manner, amendments to antimonopoly legislation have been devised. Elena Sokolovskaya, Pepeliaev Group’s Partner, considers in her article the proposed tool for pricing control.
Against the background of sanctions and the current economic situation, the sphere of pricing requires maximum attention. The primary task of the Russian Federal Antimonopoly Service (commonly abbreviated to the ‘FAS Russia’) is to prevent artificially inflated prices. Elena Sokolovskaya, partner at Pepeliaev Group, will review how and with what tools the state authority identifies and clamps down on these violations.
Pepeliaev Group’s key projects in 2022
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Aydar Sultanov has joined Pepeliaev Group's team
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A draft law has been submitted to the State Duma based on the outcome of the case of PJSC T Plus which Pepeliaev Group’s lawyers won previously in the Russian Constitutional Court
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