Andrey Tsyganov discussed FAS experience of international cooperation

He pointed out that the basis of cooperation is exchanging information between competition authorities within particular institutional and legal framework

On 10 May 2017, the programme of the Annual Conference of the International Competition Network (ICN) in Porto (Portugal) included a session on international cooperation between competition authorities.

The session was moderated by a senior expert in competition law at the Organization for Economic Cooperation and Development (OECD) Antonio Capobianco. The event speakers included Haiduki Shimodzu (Japan competition authority); Theresa Moreira (Head, Competition and Consumer Policies Branch of the United Nations Conference on Trade and Development) (UNCTAD); Osman Tan Kantakali (Turkey competition authority); Parret Muteto (Zambia Competition Commission). Deputy Head of FAS Andrey Tsyganov presented Russian experience of international cooperation.

Andrey Tsyganov gave examples of efficient cooperation between competition authorities under the frame of the Eurasian Economic Union (EAEU), the CIS and BRICS. Andrey Tsyganov pointed out that the basis of cooperation is exchanging information between competition authorities that should take place within particular institutional and legal frameworks. EAEU Treaty is an example of successful institutionalization of cooperation between antimonopoly regulators that formalizes possibility to exchange confidential information between EAEU competition authorities as well as the national bodies and the Eurasian Economic Commission (EEC). The Treaty gives EEC the powers to control compliance to the principles and rules of competition on the cross-border markets of EAEU economies.

For many years FAS has been pursuing efficient cooperation within the CIS. To strengthen interaction between the CIS member-states, the Intergovernmental Council on Antimonopoly Policy (ICAP) and the Headquarters for Joint Investigations of Violations of the Antimonopoly Policy in the CIS were formed.

The Memorandum on Cooperation in the field of competition between the antimonopoly bodies of BRICS economies, signed in May 2016 in St Petersburg, became a great achievement and a result of the dozens of years devoted to joint efforts.

FAS also has a significant experience of investigating violations of the competition law by large international companies. Such cases, in particular, include proceedings against Google, Apple, transnational car-manufacturing and pharmaceutical companies as well as linear ocean shippers. Similar cases are currently being investigated around the world and, in FAS opinion, international cooperation in investigating such cases should be especially intensive.

The session attendees paid special attention to exchanging information between competition authorities in investigating particular cases. In this context, Andrey Tsyganov pointed out that the modern means of communications (the Internet, social media, and international publications) are important sources for obtaining and analyzing a considerable amount of information on the cases investigated in different jurisdictions, often eliminating possible restrictions related to confidentiality of information.