FAS will continue modernizing the antimonopoly law

The Head of FAS Legal Department, Artem Molchanov reported about it at the “Judicial Practice – 2015” Conference organized by the Pravo.ru portal.

FAS representative started with describing the norms of the “forth antimonopoly package”. The main ones include: eliminating the Register of dominant entities, expanding the institutions of warnings and admonitions; forming interdepartmental appeal procedure; introducing preliminary conclusions for antimonopoly cases.

Artem Molchanov emphasized several findings of the Constitution Court of the Russian Federation in 2015. Describing one of such cases he outlined a position that inspections can take place not only under the frame of an opened case but also before a case is initiated.  Thus, FAS actions in the course of control procedures fully comply with the Constitution of the Russian Federation.

In another case the claimant asked to invalidate the norms of the Federal Law “On Protection of Competition” prohibiting abuse of dominance by economic entities that lead to restricting, eliminating, preventing competition, due to alleged uncertainty of the norms in question.

“The Court dismissed both claims and specified in the findings that the Federal Law “On Protection of Competition” does not contradict the Constitution of the Russian Federation”, emphasized Artem Molchanov.

He also presented several cases investigated by regional Offices of the antimonopoly body that are submitted for legal review by FAS Presidium.

Ending the session, Artem Molchanov answered the questions raised by the participants and stressed the importance of a dialogue between the authorities and business in such format.