Sergey Puzyrevsky and Andrey Molchanov presented the first results of applying the “forth antimonopoly package”

On 2 March 2016, Deputy Head of FAS Sergey Puzyrevsky and the Head of FAS Legal Department Artem Molchanov took part in a workshop on “Pressing Issues of the Antimonopoly Law” with the Heads of FAS regional Offices, where officials explained the amendments to the law that had come into force on 5 January 2016.

According to Deputy Head of FAS, now some petitions from physical persons that are not related to entrepreneurial activity shall be forwarded to Rospotrebnadzor [the Federal Service for Consumer Right Protection].

Sergey Puzyrevsky clarified that the Code on Administrative Violations specifies that if a holder of natural monopoly breaches the rights of any persons, for instance, refusing to connect to networks, FAS shall impose a fine without opening an antimonopoly case.

An institution of preliminary conclusion is added to the case investigation procedure. Sergey Puzyrevsky characterized it as a “certain challenge for FAS” because a respondent has the full rights to file objections and evidence to the antimonopoly authority refuting the conclusions made by the Commission. According to Deputy Head of FAS, the first preliminary conclusions already have been issued and are now under legal expert examination.

Artem Molchanov discussed the by-laws aimed at reaching the goals of the “forth antimonopoly package”. He drew attention of representatives of FAS regional Offices to the changes to No. Order that regulates economic analysis in antimonopoly cases. The Head of FAS Legal Department gave an example of the Article-by-Article mechanism when the state of competition should be analyzed under abridged procedures.

He also outlined changes to the procedures for issuing warnings, such as expanding the list of Articles – now the institution of warnings applies to the authorities and unfair competition – and an obligation of the antimonopoly authority to initiate a case within ten days if a warning is not executed.

The Head of FAS Legal Department emphasized that FAS collegial bodies responsible for reviewing decisions of FAS regional offices are now in full force.

“Having considered the first complaints against Rostov and Lipetsk OFAS, the collegial body fully supported the acts issued by the regional Offices” stated Artem Molchanov.