Andrey Tsyganov on delineating EAEU and FAS competences on control over compliance with the antimonopoly law

On 14 June 2017, Deputy Head of FAS Andrey Tsyganov discussed the balance between EAEU law and the national antimonopoly laws at the conference on “Common Eurasian markets – practical consequences for business” organized by RBC media holding and “Pepelyaev Group” law firm

He pointed out that EAEU is based on the fair competition principle. For instance, the Treaty on the Eurasian Union includes a detailed Section on the principles of competition and the rules of antimonopoly enforcement.

Andrey Tsyganov emphasized: “The Treaty describes in detail EAEU competences. In particular, the powers of the Eurasian Economic Commission do not apply to control over economic concentration, regulation of financial markets and actions of the authorities”.

The discussion also raised an issue on correct determination of the body, under which jurisdiction fall cases against companies operating on cross-border markets. As an example, Andrey Tsyganov quoted an unfair competition case against a Kazakh company operating on Russian markets. He outlined the stages of investigating the case against “Kazakhstan-Doshirak” opened upon a statement of “DOSHIRAK KOYA” Ltd. of Korea.