OREANDA-NEWS. August 03, 2011. A FAS Russia delegation led by Deputy Head of FAS Anatoly Golomolzin took part in the 11th session of the Intergovernmental Group of Experts on Competition Law and Policy, at the UN Conference on Trade and Development (UNCTAD), in order to discuss pressing competition issues, reported the press-centre of FAS Russia.

The Intergovernmental Group of Experts held consultations executing the Resolution (Clause 8) of 6th UN Conference to Review All Aspects of the Set of Mutually Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices. The Intergovernmental Group of Experts paid special attention to the practical issues and importance of exchanging experience between developed and developing countries.

The session agenda included:

а) Foundations of an effective competition policy;

b) Consultations on the Model Law on Competition;

c) The importance of coherence between competition policies and government policies;

d) Peer review of Serbian competition Law and Policy;

e) Review of the experience gained so far in enforcement cooperation, including at the regional level.

Anatoly Golomolzin made a presentation discussing item d) of the agenda. Deputy Head of FAS Russia highlighted experience of the Russian Federation in reinforcing international cooperation in the field of protection of competition. Mr. Golomolzin talked about 23 agreements concluded by FAS with competition authorities of other countries. He also told about new types of agreements with competition authorities of Mexico, Hungary, Austria, the European Commission that enable expanding coordination of the efforts of antimonopoly bodies in course of antimonopoly investigations.

The participants showed considerable interest to information about the work of the antimonopoly authorities of the CIS member-states within the Interstate Council for Antimonopoly Policy (ICAP). In line with Clause 8 of the Resolution of the 6th UN Conference about focusing on practical matters, as well as taking into account importance of coherent competition policy and government policies (Clause c) of the agenda), they found information about the work of the ICAP Headquarters for Joint Investigations (the Headquarters) very important.

Recommendations made in 2008 ICAP Aviation Report, approved in 2008 by the Council of the Heads of the CIS Governments, increased air transportation in the CIS by 23% in 2010 and in the first four months of 2011 – by 46%. To institutionalise the results, antimonopoly bodies continue their work towards correcting intergovernmental agreements on aviation, particularly, on the basis of a Model Agreement.

Practical work of ICAP and Headquarters towards coherent investigations of cases on antimonopoly violations on the markets of roaming communications services in the CIS is very important for strengthening economic cooperation. Due to the efforts of the antimonopoly bodies, roaming prices were cut down from 1.5 to 4 times. In 2010, the supreme CIS body – the Council of the Heads of the Governments approved the work of the CIS antimonopoly bodies towards normalising the situation on the markets of communications services.

In his report Mr. Golomolzin stated that EU experience was used to analyse the market of roaming communication services. He pointed out, however, that similar results in the EU were achieved through government regulation of prices (tariffs), while in the CIS it was a result of taking antimonopoly measures and developing conditions for fair competition.

Mr. Golomolzin also told the audience about the Customs Union and development of a Single Economic Space by three CIS states (Russia, Kazakhstan and Belarus). He gave information about the contractual basis of the integration entity, including the set of agreements in the field of competition, control over state aid (subsidies) public procurement, establishing the tariffs for the services of the holders of natural monopolies and non-discriminatory access to natural monopolies.

Making decisions regarding the scope of reference of the Customs Union Commission and national antimonopoly authorities of Russia, Kazakhstan and Belarus, it would be useful to learn from the experience of joint work of the Competition Department of the EC and national antimonopoly bodies of the EC member-states. A detailed account of such experience was given in the report of a representative of the Italian Competition Authority.

Anatoly Golomolzin also presented information about FAS cooperation with the Directorate General on Competition, of the European Commission, regarding Oracle acquisition of Sun Microsystems in 2010.

Anatoly Golomolzin also informed participants about discussions on the issues of competition by antimonopoly bodies of Brazil, Russia, India and China in the BRIC format. In particular: these countries signed a joint communique at the First BRIC Conference on Competition, which was held in Russia (Kazan, 2009), and decided that such conference should take place biannually, and later South Africa joined BRIC, etc. The next conference takes place in China in September 2011.

Summing up its work, the Intergovernmental Group of Experts approved the report to be submitted to the UN Trade and Development Commission for consideration.