OREANDA-NEWS. September 15, 2011. The State Duma of the Russian Federation approved the “third antimonopoly package” in the third reading. The draft amendments were prepared by the Federal Antimonopoly Service (FAS Russia) and introduced by the Government of the Russian Federation, reported the press-centre of FAS Russia.

357 members of the State Duma voted in favour of the draft law, and four abstained.

“Comprehensive discussion of the draft law lasted around 1.5 hours”, pointed out the Head of FAS Legal Department, Sergey Puzyrevskiy.

In particular, the amendments reduce the list of per se violations that are only applicable to horizontal agreements (cartels). Criminal liability is only possible for the most dangerous violations in terms of their impact upon competition —cartels. Actions of economic entities that publicly announced plans of market conduct will be recognised as concerted actions. Also the amendments introduce the minimum market share that economic entities engaged in concerted actions must have. The draft law clarifies the concept of prohibited coordination of economic activities.

The amendments also correct Article 6 of the Federal Law “On Protection of Competition”. For instance, the price formed through exchange provided that the exchange trading rules are observed will not be recognised as a monopolistically high price. FAS intends to improve its practice of applying the retrospective method to determine monopolistically high price and will also use global price indexes.

The draft law allows the Government of the Russian Federation to determine the Rules for non-discriminatory access to the infrastructure facilities of natural monopolies, as well as to the goods that are technologically connected to them.

Notifications of agreements between financial organisations are no longer necessary.

The amendments will also formalize the mechanism of administrative disputes of tenders that must be carried out under the law of the Russian Federation.

The procedures for providing state and municipal property are clarified. In particular, it is no longer required to organise tenders to conclude property sub-lease contracts by the persons who received such property through tenders.

The amendments provide for consideration of mitigating and aggravating circumstances of legal entities for violating the antimonopoly law.

“The “third antimonopoly package” considerably simplifies work of businesses and increases liability of those officials who impede freedom of entrepreneurship. The adopted draft law will enhance efficiency of the main institutes of antimonopoly regulation in Russia”, said the Head of FAS Igor Artemyev.