OREANDA-NEWS. April 14, 2010. "Since 2004 our objective has been to not only develop modern antimonopoly legislation but do it fast. Now we have another objective: make the law more conservative so it does not change too frequent", said the Head of the Federal Antimonopoly Service (FAS Russia) Igor Artemyev at the "Legal Forum", reported the press-centre of FAS Russia.

"Currently FAS Russia is preparing the so-called "third antimonopoly package". It is designed to clarify some legal provisions, making them more definite and precise", said Igor Artemyev.

"If in the "second antimonopoly package" we "tightened the screws", then the "third package" is aimed at liberalizing. We are screwing off where it is necessary for the business and where there is no harm to competition", pointed out the Head of FAS Russia.

According to the Head of FAS Russia, both law packages were developed in close cooperation with business the practicing lawyers, specializing in the antimonopoly law. "In the "third antimonopoly package" we have taken into account majority of observations and proposals made by lawyers and businesses. I am happy that we have established good working relations, there isn't any confrontation" said Igor Artemyev.

The Head of FAS Russia presented to the Forum the main legislative amendments devised by the antimonopoly authority.

The "third antimonopoly package of laws" clarifies:

- The procedures for applying the antimonopoly law to actions of persons who are located outside the Russian Federation and affect the state of competition in Russia. In particular, it clearly defines types of transactions by foreign companies subject to approval by the antimonopoly body (the criterion - sales volume in the Russian Federation).

- The concept of coordination of economic activity: it can only be exercised by a person not operating on the market, where coordination takes place.

- The concepts of competition-restricting agreements and concerted actions. They apply only to economic entities competing on a particular market: and are not applicable to the economic entities - members of the same group of persons or controlled by the same person.

- The list of financial services that require competitive bidding to select financial organizations.

- Goals for granting state and municipal preferences. Preferences can be granted to small and medium business, if their activities match the areas of support, specified in the federal, regional or municipal programmes for support of small and medium business.

- The procedures for notifying a person about an inspection, and requesting documents and information.

- The procedure of preliminary approval by FAS Russia. It is required if the property included in the authorized capital of a newly established organization is the main means of productions (except plots of land and non-industrial buildings), and also if the authorized capital is paid by intangible assets of another commercial organization.

The "third antimonopoly package of laws" also:

- Sets additional criteria that must be included in the Rules for non-discriminatory access to the markets as well to the goods/ services of natural monopolies. These criteria are aimed at increasing the level of information availability to consumers; determining conditions for access to goods and services of natural monopolies; and employment of standard agreements.
- Increases threshold asset values for preliminary transaction approval - from 3 to 7 billion Rubles, revenue threshold - from 6 to 10 billion Rubles.

- Establishes the procedures for natural monopolies for placing information about tenders and the procedures for introducing amendments to contracts concluded on the basis of such tenders.

- Provides for a possibility to form a commercial organization without preliminary approval if its authorized capital is paid from the funds of a financial organization.

- Rules out criminal sanctions for concerted actions.

- Introduced fixed fines for abusing market dominance on cases not related to restriction of competition.