OREANDA-NEWS. August 07, 2012. The Ministry of Justice of the Russian Federation registered No.409 Order of the Federal Antimonopoly Service (FAS Russia) “On Approving the Procedures for Supplying a List of Affiliating Persons by an Economic Entity that has Dominant Position in the Relevant Market, Accredited and (or) Participating in Competitive Bidding (in Particular, by Filing Applications for Taking Part in Competitive Bidding to a Broker, Brokers)” of 26th June 2012, reported the press-centre of FAS Russia.

FAS devised the Order in order to enforce Clause 3 Part 5 Article 6 of the Federal Law “On Protection of Competition”. It establishes the procedures for supplying a list of affiliated persons by an economic entity that has dominant position in the relevant market, accredited and (or) participating in competitive bidding (particularly, by filing applications for taking part in competitive bidding to a broker, brokers).

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Under Part 5 Article 6 of the Federal Law “On Protection of Competition”, price shall not be recognized monopolistically high if it is fixed through exchange simultaneously complying with the following conditions:

1) the quantity of goods sold through the exchange, produced and (or) sold by an economic entity that has dominant position on the relevant goods market, shall be no less than the quantity set by the federal antimonopoly body and the federal executive body that regulates the field of activities, to which production of the relevant goods belongs;

2) deals are concluded by an economic entity, that has dominant position on the relevant goods market, in course of exchange trading, which meets the requirements determined by the federal antimonopoly body and the federal executive body that regulates the field of activities, to which production of the relevant goods belongs, in particular, the requirements for the minimum number of participants of exchange trading within a trading session;

3) an economic entity that has dominant position on the relevant goods market, accredited and (or) taking part in bidding (particularly, by filing the bids to a broker, brokers), shall submit a list of affiliated persons to the exchange according to the procedures specified by the federal antimonopoly body;

4) actions of an economic entity that has dominant position on the relevant goods market, and (or) its affiliated persons are not market manipulations;

5) an economic entity that has dominant position on the relevant goods market shall sell goods at the exchange regularly, with even distribution of the quantity of goods for trading sessions within a calendar month. The Government of the Russian Federation has the right to determine the criteria of regularity and evenness of selling goods at the exchange for certain goods markets;

6) an economic entity that has dominant position on the relevant goods market shall register off-exchange transactions for supplying goods, circulated on this goods market, in the cases and according to the procedures specified by the Government of the Russian Federation;

7) the minimum size of an exchange lot does not prevent entry to the relevant goods market;

8) an economic entity, that has dominant position on the relevant goods market, sells goods at an exchange that meets the requirements of the law of the Russian Federation on organised trading, including the requirements for confidentiality of information about the persons that filed the bids, particularly, by filing the bids to a broker, brokers.

6. Monopolistically high price shall not be recognized if it is set taking into consideration the specifics of developing a reserved price for the products that are sold through the exchange, approved by the antimonopoly body.

7. Monopolistically high price shall not be recognized if it does not exceed the price set at the exchange in compliance with Parts 5 and 6 of this Article, and whereupon economic (commercial) terms of a transaction are comparable on the quantity and (or) the volume of supplied goods, the deadline for honoring the obligations, payments conditions, typically applied to such kind of transactions, as well as other reasonable conditions that can affect the price.

8. Recognizing monopolistically high price of the goods under Part 1 of this Article, exchange and off-exchange price indicators on the global markets of similar goods shall be taken into consideration.