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Antimonopoly regulation

Antimonopoly regulation

Our lawyers assume a prominent role in expert organisations that are working together with the regulator, the Russian Federal Antimonopoly Service (FAS of Russia), to improve Russian antimonopoly legislation. 

Breaching antimonopoly legislation may have adverse effects and be detrimental to business. Pepeliaev Group has broad experience in advising on antimonopoly regulation.

We are ready to provide comprehensive legal support in all aspects of antimonopoly regulation, including: abuse of a dominant position, entering into anticompetitive agreements/concerted actions, unfair competition; advising participants in, and organisers of, tenders on orders placed by government and municipal authorities; legal support regarding regulatory aspects of economic concentration, etc.

Our services:

  • Representing clients before the FAS, the Eurasian Economic Commission and in courts, including cases on cartels and abuse of a dominant position
  • Performing antimonopoly audits and developing antimonopoly compliance systems
  • Providing support during antimonopoly audits
  • Providing advice on antitrust legislation and other issues that fall within the jurisdiction of the FAS
  • Obtaining approval for transactions and other actions with the FAS and with the Governmental Commission for Overseeing the Making of Foreign Investments in Russia
  • Holding training sessions on antitrust law compliance and other issues that fall within the FAS’s competence

Projects

Pepeliaev Group’s antimonopoly practice has successfully represented a major oil and gas company before the FAS of Russia Pepeliaev Group’s antimonopoly lawyers have successfully represented a major international oil and gas company before the Russian Federal Antimonopoly Service (the "FAS") as part of a major transaction to acquire a share in a project to extract natural gas. 
Pepeliaev Group’s antimonopoly lawyers have successfully represented a major international oil and gas company before the Russian Federal Antimonopoly Service (the "FAS") as part of a major transaction to acquire a share in a project to extract natural gas. 
 
When working on the project, Pepeliaev Group’s antimonopoly lawyers provided the client with comprehensive legal support at all stages of the negotiations with the FAS. In particular, our team prepared documents regarding the disclosure of information about the beneficial owners and the subsequent notification that the transaction had been consummated. 
 
Elena Sokolovskaya, Head of Pepeliaev Group’s Antimonopoly Practice, commented: “The project was complex owing to the FAS’s ambiguous approach to calculating the share of indirect ownership under the legislation concerning foreign investments, and consequently, owing to the uncertainty as to whether the client needed to obtain preliminary approval from the Governmental Commission. Despite all this, we managed to maintain a constructive dialogue with the FAS and to ensure that the company is successfully investing several billion dollars”.

The first system of antimonopoly compliance on the russian market has been unveiled to the Russian Federal Antimonopoly Service On 8 December 2015 at the office of mobile operator MTS, a presentation was held dedicated to the system of antimonopoly compliance. This system was devised specially for MTS by Pepeliaev Group's lawyers and their colleagues from the company, in conjunction with audit firm Ernst & Young. 

The major project to develop the antimonopoly compliance system was ongoing for over a year. MTS has become the first company on the Russian market to introduce an internal system to prevent such violations of the legislation. The purpose of the antimonopoly compliance system is to reduce antimonopoly risks. The system makes a company's business activity more transparent and ultimately reduces the burden on the antimonopoly authority. 

During the presentation Sergey Puzyrevskiy noted that the system developed for MTS may be used as a basis for the federal standard of antimonopoly compliance when such standard, along with issues relating to certification of this instrument, is discussed.

Other projects

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