OREANDA-NEWS. October 21, 2014. At the VI Annual Conference on Antimonopoly Regulation in Russia” the Head of the Legal Department of the Federal Antimonopoly Service (FAS Russia), Sergey Puzyrevsky, and the Head of FAS Department for Control over Financial Markets, Olga Sergeeva, were the key speakers at the concluding session in “Antimonopoly Enforcement Practice”.

Sergey Puzyrevsky talked about the events that can significantly change the system of competition law not only in the Russian Federation but also within the Customs Union and the Eurasian Economic Commission.

“The antimonopoly law started efficiently functioning with introduction of “turnover fines” in 2007. The state sets fines on the basis of the income of the violator or expenses for the purchased goods in a case of an anticompetitive agreement or abusing dominance”, pointed out Sergey Puzyrevsky.

He also informed about an enormous interest in the field of antimonopoly enforcement to the items covered by exclusive rights. “This amendment is not included in the forth antimonopoly package; however, what cannot be done at the legislative level, can be achieved in judicial practice. In the course of judicial proceedings with TEVA, the Appeal Court indicated that the antimonopoly standards are fully applied to abusing dominance by economic entities regardless of exclusive rights for the sold goods”.

Discussing judicial practice, the Head of FAS Legal Department added that by the ruling of the Supreme Arbitration Court of the Russian Federation FAS warnings can be challenged at Courts.

The Head of FAS Department for Control over Financial Markets, Olga Sergeeva, emphasized that with relevant evidence the antimonopoly bodies under the scope of their reference analyze whether actions of credit and insurance organizations related to imposing additional services upon borrowers comply with Article 10 of the Federal Law “On Protection of Competition” in case of dominant position and relevant dominance of busing such dominance and Article 11 of the Federal Law “On Protection of Competition” if there are anticompetitive agreements.

She also talked about exposed violations on the OSAGO market, pointing out that imposing additional insurance policies constitutes abusing dominance, which results in violating Article 10 of the Federal Law “On Protection of Competition”.

The session participants discussed the issues of class actions and antimonopoly compliance in Russia.