International investigations are in the UNCTAD focus
On 20 October 2016, the 15th session of the UNCTAD intergovernmental group of experts on competition law and policy in Geneva (Switzerland) included a special event on cooperation in investigations of cross-border cases on the market of information technologies and ocean liner container shipping, co-organized by FAS.
The purpose of the event was to establish a constructive dialogue between competition authorities of the entire world and discuss issues facing competition authorities in the context of modern economic challenges. Today national economies experience new trends, such as fast-growing IT market and anticompetitive behavior of transnational corporations. It also influences the work of competition authorities: many antimonopoly bodies investigate the same companies on the same markets. It can form the basis for developing constructive cooperation between competition bodies in order to jointly solve pressing issues.
At the outset, Deputy Head of FAS Andrey Tsyganov discussed FAS efforts and functions, pointing out that FAS is the only and independent body that controls compliance with the antimonopoly law in Russia. FAS is authorized to conduct investigations and make decisions. The core of the antimonopoly law in Russia is No. 135-FZ Federal Law “On Protection of Competition” of 26.07.2016, which formalized the exterritoriality principle.
Then Deputy Head and a Unit Head of FAS Department for International Economic Cooperation, Anna Pozdnyakova, outlined cases investigated by FAS against “Google” and liner carriers.
Anna Pozdnyakova said that both cases give examples of investigating violations of the antimonopoly law committed by large transnational companies that operated in numerous countries across the globe. According to mass media, many competition authorities have also opened proceedings against “Google” as well as ocean liner carriers. In this context, cooperation between competition authorities can generate practical effect and accelerate case investigations in many jurisdictions.
The problems were proposed for an open discussion at the event. Participants included Alexei Ivanov, Director of Law and Development Department, High School of Economics – Skolkovo; Viorica Carare, the Head of Moldova Competition Council; as well as representatives of competition authorities from Brazil, South Africa and the USA. All participants emphasized the utmost importance of developing international cooperation in investigating cross-border cases as well as the need to bring the discussion to various global international platforms.
“We very much value UNCTAD for openness and possibility to put issues for discussion that concern the entire global competition community, particularly, under the frame of special sessions. Investigating cases on the markets of information technologies and liner container shipping in the Russian Federation, we noted that such cases are also investigated in other jurisdictions, so we proposed UNCTAD to discuss the basic methodological issues that face competition authorities investigating such violations at the 15th session of the UNCTAD intergovernmental group of experts. I believe the discussion was constructive and useful for all participants”, stated Andrey Tsyganov at the end of the event.