OREANDA-NEWS. April 22, 2013. Non-Commercial Partnership. The agenda focused on discussing a draft law on introducing amendments to the Federal Law “On Protection of Competition”.

Participants also included the Head of FAS Legal Department, Sergey Puzyrevsky and the Head of FAS Department for Control over Industry and Defence Complex, Maxim Ovchinnikov.

Presenting his report, the Head of FAS Igor Artemiev talked about expanding the practice of the institution of warnings: “We propose to expand the practice of the institution of warnings and cautions and would like to extrapolate it to the actions of the authorities of the constituent territories of the Russian Federation and local self-government bodies, as well as the Article of а the Federal Law “On Protection of Competition” on unfair competition; however, without extrapolating it to violations of exclusive rights for intellectual property.”

The Head of FAS also pointed out that “new state-run companies must not be formed without permission by the Government of the Russian Federation or approvals from the Federal Antimonopoly Service”. He added that “there is a similar norm in Kazakhstan and, in our opinion, it should be introduced in Russia”.

Igor Artemiev suggested to form a working group for devising proposals towards developing the key institutions of the antimonopoly law. “In the near future the draft law will be forwarded for inter-branch approval. Prior to this, we would like to obtain some feedback”, he emphasized.

Sergey Puzyrevsky drew attention of participants to the amendments devised by FAS that determine the procedures for applying the antimonopoly law to the exclusive rights agreements. He emphasized that the proposed changes would not decrease legal guarantees of the right holders. On the contrary, they will enable to more efficiently apply the antimonopoly law to the relations associated with circulation of the goods produced using the results of intellectual activities.

Maxim Ovchinnikov informed participants about the method of determining fair market prices, which must fit the market environment development trends and should be formed with due regard to market characteristics, and economic stimuli affecting market participants. He pointed out that “one of the key objectives of FAS Russia is to use the best world practices of market pricing. We have been working on the system for over three years to identify the best approach to calculating fair prices”. “To determine fair price, today we increasingly move away from the costs method to the method of compatible markets”, concluded Maxim Ovchinnikov.