OREANDA-NEWS. July 14, 2011. The Head of FAS Russia Igor Artemyev presented the “third antimonopoly package” of amendments to the Russian law at the Russian -American Conference, devoted to judicial practice of antimonopoly cases, reported the press-centre of FAS Russia.

On 28th June 2011, the draft “third antimonopoly package” was approved by the Government of the Russian Federation and submitted to the State Duma of the Federal Assembly of the Russian Federation for consideration.

According to the Head of FAS Igor Artemyev, “the “third antimonopoly package” considerably simplifies the work of businesses and strengthens responsibility of the government officials restricting freedom of entrepreneurship. The antimonopoly law will contain a definition of cartels, like in the USA. Combating cartels is one of the priorities of the FAS Russia’s work. Last year we exposed five national cartels. And law enforcement bodies have already initiated ten criminal cases under Article 178 of the Criminal Code of the Russian Federation for violating the antimonopoly law”, stated Igor Artemyev.

The main objectives of the “third antimonopoly package” are:

developing competition on the markets;

improving the principles of control over monopolies;

minimizing legal risks for businesses.

In particular, under the proposed amendments criminal liability will remain only for the most dangerous violations adversely affecting the state of competition – cartels. There will be a provision that cartels cannot take place within the same group of person so there cannot be criminal liability for such violations.

The amendments also clarify antimonopoly requirements, particularly, in terms of control over economic concentration, regarding foreign persons (only if such persons supply goods in the Russian Federation for no less than one billion Rubles within a year preceding the date of completing the transaction).

The “third antimonopoly package” introduces amendments to the Code on Administrative Violations: these amendments are designed to differentiate companies’ liability for antimonopoly violations, particularly, fixed fines up to one million Rubles for abusing market dominance, infringing the interests of counteragents but not restricting competition. At the moment such violations are punished by turnover fines. Also the price formed through exchange trading cannot be recognized monopolistically high. FAS Russia also proposes additional guarantees for the persons, against whom antimonopoly proceedings are opened, particularly, to set the minimum period for market analysis (no less than a year).

Also FAS Russia proposes to keep the Register of physical persons held administratively liable. The Register will help prevent unreasonably imposed criminal liability for single abuse of market dominance.

All amendments drafted by the Antimonopoly Service are aimed at preventing and considerably reducing the risks for companies, as the amendments are designed to liberalize relations and develop healthy competition on the market of goods and services.