Antimonopoly regulation

The Fourth Antimonopoly Package: What Should Market Players Expect? Pepeliaev Group advises of substantial amendments to the Law "On Protection of Competition".

The fourth antimonopoly package contains a number of substantial amendments which may affect the operations of all market players. Most of the amendments to Federal Law No. 135-FZ dated 26 July 2006 "On Protection of Competition" (the "Law") and certain legislative acts of the Russian Federation are to come into effect on 5 January 2016. We have analysed the most important of these amendments.

New in the rules for state registration of legal entities and liability for violating these rules Pepeliaev Group advises that a Federal Law1 (the 'Law') has been officially published, whose adoption is aimed at preventing legal entities from being established and operated to act in bad faith (by using dummy corporate officers, providing other inaccurate information to the registration authority, etc.). The Law also aims to prevent abuse of the state registration procedure.

A new development in criminal liability for restricting competition Pepeliaev Group Advises of Amendments to Article 178 of the Russian Criminal Code to Decriminalise Certain Offences and Introduce a New Condition for being Released from Criminal Liability for Restricting Competition.

Third set of antimonopoly measures: prospects and risks for business

The third set of antimonopoly measures, which comes into force on 6 and 7 January, significantly amends antimonopoly legislation, affecting business across the board. The most important new developments include: antimonopoly law institutions and concepts being clarified, not least the criteria for monopolistic high prices and concerted actions; the concept of a cartel being introduced; and the manipulation of the electric power market being prohibited. The grounds for administrative and criminal liability to be imposed are also amended.

Amendments to legislation on controlling foreign investments in strategic enterprises Pepeliaev Group advises that Federal Law No. 322-FZ dated 16 November 2011 “On amending article 6 of Federal Law ‘On foreign investments into the Russian Federation’ and Federal Law ‘On the procedure for making foreign investments in business entities of strategic importance for national defence and public safety’”  came into force on 18 December 2011. The law lays down measures for easing control over foreign investments in strategic areas of the Russian economy.

RF Government approves amendments to the threshold value of the assets of credit institutions, which are subject to antimonopoly control if this value is exceeded

On 24 December 2009 the Russian Government approved in Resolution No. 1083 (hereinafter – “Resolution No. 1083”) amendments to Resolution No. 335 of the Russian Government dated 30 May 2007 and established a new threshold value for the assets of credit institutions. If this value is exceeded, the credit institution will be subject to antimonopoly controls performed in accordance with Federal Law No. 135-FZ dated 26 July 2006 “On Protection of Competition”.