The Presidium of the antimonopoly body approved joint explanations given by FAS and the Corporate Counsel Association
The explanations make enforcement of the Federal Law “On Protection of Competition” clearer
In March 2016, at the Antimonopoly Forum of the Corporate Counsel Association (CCA), Head of FAS Igor Artemiev proposed for FAS andCCA to jointly devise explanations on the most controversial issues of enforcement of the antimonopoly law.
President of the Corporate Counsel Association, Alexandra Nesterenko,and Head of FAS Legal Department Artem Molchanov chaired the Working Group on drafting the explanations.
Most questions concerned enforcements of Articles 9.21 and 14.31 of the Code on Administrative Violations.
The work took around 6 months. During the entire period there were discussions on numerous essential practical issues.
As a result of the joint efforts, on 30 November 2016 the FAS Presidium approved the explanations.
“Adopting the explanations will enhance the quality of enforcement practice considerably”, said Alexandra Nesterenko. “Joint work by practicing lawyers and FAS enables to determine the optimal mode and focus of enforcement of such special norms based on the balance of interests of all market participants: consumers, business and the regulator”.
According to Artem Molchanov, the explanations will help business avoid antimonopoly risks. “FAS expresses confidence that joint efforts with the Corporate Counsel Association on drafting explanations will be productive not only on enforcement of Articles 9.21 and 14.31 of the Code on Administrative Violations but also on other enforcement issues”.