Media
03December2019
Is Russian software unrivalled?
The conclusions of the Federal Antimonopoly Service of Russia ("FAS of Russia") relating to the Google case, in which the service pointed out the increased barriers for domestic developers seeking to enter the mobile software market, have prompted members of parliament to come forward with an initiative to introduce state regulation of the market of pre-installed applications. However, such an artificial restriction of competition may adversely affect the quality of products and entail an increase in their prices for consumers.
30September2019
Compliance, clear to go
The FAS of Russia has put before the State Duma a much-anticipated draft law on antitrust compliance. The current version of it contains amendments only to Federal Law No. 135-FZ “On the protection of competition” dated 26 July 2006, and the draft itself has the nature of a framework. Once they are finally adopted the new rules will most likely require specification at the level of subordinate legislation adopted by the regulator, for example, in the form of clarifications by the FAS of Russia’s Presidium regarding the criteria used to assess the efficiency of a system for preventing risks.
18September2019
The updated position of the Russian Federal Tax Service
Letter No. ED-4-13/15696@ “On holding companies’ beneficial ownership of income from sources in the Russian Federation” dated 8 August 2019 was published on the official website of the Russian Federal Tax Service on 13 August 2019. This letter evidences quite a serious change of the Service’s approach to the problem, which for many years has been the subject matter of tax disputes and professional discussions.
29July2019
On standards of proof
Thirteen years ago, simultaneously with Federal Law No. 135-FZ dated 26 July 2006 “On the protection of competition” taking effect, the institution of collective dominance was introduced. It aims to solve issues arising on oligopolistic markets. Today, collective dominance is applied more widely in Russia than in the EU, where it is used for a prospective analysis within assessments of economic concentration transactions. Ironically, in the U.S.A., the homeland of antitrust regulation, there is no such tool at all. An examination of Russian practice casts doubt on the model of how this institution is applied.
30June2019
Expatriate on-boarding: the top 5 points of concern for companies and individuals
Are you planning to hire an expatriate or are you a foreign national planning to work in Russia? In any case, it will be helpful to think about the issues discussed in this article before accepting a job in Russia.
30April2019
Mediation in experience and vision of the Russian Pacific
Today in most countries, Russia is perceived as a country with a lagging legal and economic system in which all disputes and disagreements are resolved by force and power. However, this is just a stereotype that has nothing to do with reality. Mediation in Russia has been known since ancient times. Over the centuries, the conciliation procedures in Russia have undergone great changes and have passed on their own unique way of development – from the rite of the Slavs «twinning» to mediation in its modern sense. At the same time, the development of mediation in Russia has its own characteristics associated with the size of its territory, a well-built structure of power, the multi-ethnic nature of its people with their distinctive cultural characteristics, and the presence of centuries-old close political, economic, and cultural ties with a large number of countries connected to the borders of Russia, which have brought their own special European, Asian and Eastern way of life and thinking to the country.