Amendments to the Federal Law "On Protection of Competition" adopted by the State Duma on February 20, 2020 and approved by the Federation Council on February 26, 2020

Non-official translation

On Introducing Amendments to the Federal Law "On Protection of Competition"

Adopted by the State Duma on February 20, 2020

Approved by the Federation Council on February 26, 2020

To amend the Federal Law No. 135-FZ of July 26, 2006 "On Protection of Competition" (Collected Legislation of the Russian Federation, 2006, No. 31, Art. 3434; 2009, No. 29, Art. 3601; 2011, No. 48, Art. 6728; No. 50, Art. 7343; 2013, No. 30, Art. 4084; No. 51, Art. 6695; 2015, No. 41, Art. 5629; 2016, No. 27, Art. 4197) with the following:

1)    amend Article 4 by inserting Paragraph 24:

"system of in-house conformity to the norms of the antimonopoly legislation (antimonopoly compliance) - is a set of legal arrangements and managerial procedures provided for by an internal act (internal acts) of an economic entity or another person from the same group of persons with this economic entity, if such an internal act (internal acts) applies to this economic entity and is aimed at compliance with the antimonopoly legislation and prevention of its violation.";

2)     amend Chapter 1 by inserting Article 9:

"Article 9. System of in-house conformity to the norms of the antimonopoly legislation (antimonopoly compliance)

1. In order to comply with the antimonopoly legislation and prevent its violation, economic entity may introduce a system of in-house conformity to the norms of the antimonopoly legislation (antimonopoly compliance).

2. For the purpose of introducing antimonopoly compliance economic entity adopts internal act (internal acts) and/or other acts, including the ones that belong to another person from the same group of persons with this economic entity if such an internal act (internal acts) applies to this economic entity. Internal acts specified above together should contain:

1)      requirements for procedures of assessing risks of violating antimonopoly legislation that are associated with economic entity carrying out its activities;

2)      measures aimed at reducing risks of violating antimonopoly legislation by economic entity while carrying out its activities;

3)      measures undertaken by economic entity aimed at monitoring antimonopoly compliance;

4)      conditions for familiarization of employees of the economic entity with internal act (internal acts);

5)      information on the designated person responsible for the performance of antimonopoly compliance system.

3. In accepting the internal act (internal acts) specified in Paragraph 2 of the present Article economic entity is eligible for including in these documents additional requirements for antimonopoly compliance.

4. Information on adoption (application) of the internal act (internal acts) specified in Paragraph 2 of the present Article should be published by the economic entity on its website. The given information should be published in Russian.

5. Economic entity has the right to forward the internal act (internal acts) specified in Paragraph 2 of the present Article or draft internal act (internal acts) to the FAS Russia in order to verify its compliance with the antimonopoly legislation.

6. The FAS Russia should examine such internal act (internal acts) or draft internal act (internal acts) and give its opinion within 30 days."

President of the Russian Federation
V. Putin

Moscow

March 1, 2020