Antimonopoly regulation

The Russian Federal Antitrust Service has prepared a draft law aimed at changing the current mechanism of reconsidering instructions that have been issued

On 18 October 2023 the draft law “On amending ‎the Federal Law “On protecting competition" was published for public discussion on the federal portal of drafts of legal and regulatory instruments.

The Fifth Package of Amendments to Antitrust Legislation has been signed

On 10 July 2023, the Russian President signed Federal Law No. 301-FZ “On amending the Federal Law “On Protecting Competition”, which is a part of the ‘fifth package of antitrust amendments’.

The Russian Constitutional Court has explained what income should be understood to mean in article 178 of the Russian Criminal Code

In its Resolution dated 19 April 2023, the Russian Constitutional Court held that income in article 178 “Restriction of competition” of the Russian Criminal Code is understood mean a contract price without it being reduced by any costs.

The Russian Constitutional Court has confirmed the constitutional nature of the provisions of the Law on protecting competition regarding the procedure for applying cartel immunity during tenders

On 30 March 2023 the Russian Constitutional Court issued a Resolution that acknowledges that article 11(8) of the Law on Protecting Competition complies with the Russian Constitution, and terminated the proceedings in the case with respect to article 17(1)(1) of the Law on Protecting Competition, since this provision cannot be treated as violating the Claimants’ constitutional rights.

The State Duma is preparing to pass a law which will clarify legal consequences of the invalidation of transactions with foreign investments On 15 February 2023 the State Duma considered in the first reading a Draft Law which amends article 15 of Federal Law No. 57-FZ dated 29 April 2008 “On the procedure for foreign investments in business entities of strategic importance for ensuring national defence and state security”.

The State Duma is preparing to adopt a draft law to strengthen liability for using digital algorithms in cartels On 21 December 2022 the State Duma passed in the first reading a draft law which amends the Russian Code of Administrative Offences.

The State Duma has approved in the first reading two draft laws as part of the “anti-cartel package” On 15 December 2022 the State Duma approved in the first reading the draft laws  aimed at toughening criminal and administrative liability for participating in anti-competitive agreements.

The fifth antimonopoly package of amendments has been adopted in the first reading

On 10 November, the State Duma adopted in the first reading a draft law that discloses for the first time the concept of a "network effect" and also contains provisions aimed at combating the abuse of a dominant position on digital markets, improving the procedure for monitoring economic concentration, regulating the procedure for an expert examination by the antimonopoly authority, as well as a number of other new developments. 

Since 14 July a moratorium has been introduced on the application of a number of antitrust prohibitions and other measures have come into force that are aimed at supporting business under conditions where sanctions are in force Amendments have been made to the legislation that impose  a moratorium on the application of a number of antitrust prohibitions when procurement is carried out from a single supplier, change the threshold values for transactions to be agreed with the antitrust authority, improve the procedure for preferences and support to be provided to  outdoor advertising operators. 

Starting from 1 September 2022, a new system will be introduced for keeping a record of advertising in the Internet The individual provisions of the Federal Law on Advertising will come into force which are aimed at improving relationships in relation to advertising published on the Internet information and telecommunications network (the “Internet”).

On 8 march new measures came into effect aimed at supporting suppliers under state and municipal contracts when sanctions are in force Pepeliaev Group advises that a number of amendments have been introduced in legislation which are aimed at optimising procedures for the procurement of goods, work and services to provide for municipal and state needs, as well as state control procedures.

The Russian Supreme Court has determined new criteria of secondary liability FAO owners, heads and employees of legal, corporate and financial departments Pepeliaev Group advises that the Russian Supreme Court has significantly changed the approach to assessing the good faith of controlling persons in disputes over secondary liability, and has developed new criteria for assessing the connection between their actions and the bankruptcy of the debtor.