Andrey Tsyganov: do not be afraid to help your governments become better

The programme of the Annual Conference of the International Competition Network (ICN), in Porto (Portugal) on 11 May 2017 included a special session on state restraints. The moderator was a professor of New York University, Eleanor Fox.

Attendees included Monique Van Oers (the Netherlands Competition Authority), Ekaterina Russeeva (the European Commission), Graham Jerve (Sweden Competition Authority), Venkatasami Stritaj (India Competition Commission). The key speaker was Deputy Head of FAS Andrey Tsyganov.

He informed participants about the legal basis of control over the authorities, specified in the Federal Law “On Protection of Competition”, and stated that FAS has the right to initiate and investigate cases against unfair conduct of the authorities and make independent decisions on such cases.  Public officials can be held administratively as well as criminally liable for violating Russian antimonopoly law. Andrey Tsyganov pointed out that control over the authorities is one of FAS priorities, and cases against federal, regional and municipal bodies account to more than half cases investigated by FAS. The audience was especially interested in the measures on using the institution of warnings and admonitions with regard to public officials, which reduced the number of cases against public bodies nearly twofold.

Andrey Tsyganov gave some practical examples, including FAS case against the Ministry of Communications for obstructing decision-making on technological neutrality in the 2300-2400 MHz RF bandwidth for operators of fixed wireless access. He also mentioned a case against the Federal Fishery Agency opened upon signs of breaching allocation of quotas between market participants, the case against Kemerovo regional authorities, “Russian Railways” OJSC and the largest rolling stock operators on pushing other operators away from the Kuzbass coal exporting market.

“The control over observing the competition law by the authorities is a very important function of the antimonopoly body.  This function can be exercised not only through enforcement but also under competition advocacy. Establishing a constructive dialogue with the public authorities at all levels is essential. I call upon competition authorities of all countries not to be afraid to help their governments become better and more efficient”, summed up Deputy Head of FAS Andrey Tsyganov.