OREANDA-NEWS. March 18, 2014. “The “forth antimonopoly package” is business-friendly. FAS devised it to execute the “Road Map” on “Developing Competition and Improving the Antimonopoly Policy” and OECD Recommendations”, stated the Head of the Federal Antimonopoly Service (FAS Russia) on 12th March 2014 at the final, extended FAS Collegium.

“We think that with continuous development of new global practices, it is right to introduce changes to the Law every three years”, continued the Head of the antimonopoly authority.

He also discussed the changes in public procurement: “In 2012- 2013, No.44-FZ and No. 223-FZ federal laws came into force that shall inherently maintain enforcement established in the past 6 years”.

FAS investigates on average 35,000 public procurement cases per year, of which the antimonopoly body supports approximately 40% of complains; and decisions are to be handed over to the parties to disputes within 8 days. The Head of FAS emphasized that “in seven years the difference between reserved prices and the prices of concluded contracts reached over 1,300 billion RUB”.

Igor Artemiev talked about the web-site on state and municipal procurement - zakupki.gov.ru, and the web-site on trading with state and municipal property - torgi.gov.ru: “Nobody in the world has similar web-sites. One idea, however, is still unrealized: seven years ago a decision was made that all information about state trading and procurement must be integrated in a single information centre to analyze the level of prices and to timely determine whether prices are excessive”.

“Today combating cartels is a FAS priority”, continued Igor Artemiev. “The Courts supported us on a number of bid-rigging cases on tenders organized by the Ministry of Health Care and Social Development, the Ministry of Defence and the Ministry of Interior, and the cartels on the markets of pharmaceuticals, chemical industry and water biological resources”.

He also discussed the amendments to Article 178 of the Criminal Code of the Russia Federation providing for criminal liability for cartel participation. “Today a number of antimonopoly anti-cartel proceedings are already completed and criminal cases against officials will soon be initiated”, added the Head of the antimonopoly body.

According to the Head of FAS, “over half of antimonopoly cases are against the authorities. In 2013, for instance, 5,346 cases out of 10,028 related to such violations. For example, four cases on violating the antimonopoly law were initiated against the Ministry of Transport of the Russian Federation”.

In conclusion, the Head of the antimonopoly authority outlined FAS objectives for 2014 and the next five years, which include executing the “Road Map” for developing competition and the decisions of the Government Commission; adopting the “forth antimonopoly package” and amendments to Article 178 of the Criminal Code of the Russian Federation; abolishing the Law “On Natural Monopolies”; reducing the number of small investigations and cases; adopting the Rules for non-discriminatory access in several sectors; reforming public procurement for the needs of small and medium business; tightening up No. 223-FZ and identifying the best and the worst practices under this Law; launching administrative appeal procedures in construction.