OREANDA-NEWS. September 10, 2014. The Government of the Russian Federation approved the Federal Law “On Introducing Changes to the Federal Law “On Protection of Competition” and Some Legislative Acts of the Russian Federation” – the so-called “forth antimonopoly package”.

The draft Law cuts down considerably on administrative restrictions for business and simultaneously reduces state participation in the economy.

The main provisions of the draft Law:

1. Extending the institution of warning and expanding it to the actions by the authorities and local self-government bodies (Article 15), unfair competition (except breaching exclusive rights) and other forms of abusing dominance (Clauses 6 and 8 Part 1 Article 10).

2. Giving the right to the Government of the Russian Federation to determine the rules for non-discriminatory access to the goods on highly concentrated markets if violations of the antimonopoly law are revealed.

3. Introducing pre-transaction consent by the antimonopoly authority for establishing state and municipal enterprises.

4. Extending the list of persons that can be sent an admonition (including officials of government agencies in the list).

5. Removing a provision from Article 5 of the Federal Law “On Protection of Competition” that an economic entity with less than 35% market share can be recognized as having the dominant position.

6. Eliminating a possibility to prohibit abusing market dominance if such actions results only in infringing the interests of persons not related to exercising entrepreneurial activity.

7. Clarifying Part 1 Article 11 of the Federal Law “On Protection of Competition” in the part of recognizing that agreements between economic entities – buyers constitute a cartel.

8. Assigning powers to FAS to review decisions of regional antimonopoly bodies.

9. Concluding collaboration agreements between economic entities with prior consent of the antimonopoly authority on the rules for control over economic concentration.

10. Excluding post-transaction notification for holders of natural monopolies.

11. Excluding the Register of persons with over 35% market share.

Now the draft Law shall be forwarded to the State Duma for the Russian Federation for the first reading.

“This fundamental decision of the Government reflects an aspiration to build up the law and enforcement in line with the best world practice”, emphasized the Head of FAS, Igor Artemiev.