Andrey Tsarikovskiy: FAS will adjust its regulatory basis and work methods

The changes will take place in order to modify approaches to antimonopoly regulation in the digital epoch

Is digital economy, that everybody is talking about,  a reality, what are the legal grounds for collecting and keeping personal data, context advertising and the need to change the law - FAS representatives discussed these issues with experts at the session on “Antimonopoly aspects of business activity. Competition in the digital economy” on 14 September 2017 at Kazan Legal 2017 International Forum.

A speaker and the session moderator – Stats-Secretary, Deputy Head of FAS Andrey Tsarikovsky pointed out that everybody is talking about complete transformation and digitalization of the economy.

Head of FAS Department for Control over Information Technologies, Elena Zaeva, said that changes do exist: “The market conducts have changed”. She added: “Approaches to evaluating transactions and risks of violating the antimonopoly law also should change”.

Deputy Head of FAS also focused on legally unregulated procedure for collecting in the web and keeping personal data about information users. The discussion highlighted an issue of dependence of the prices for goods or services on personal data. Experts suggested applying methods of antimonopoly control against competition restrictions committed through use of big data.

The attendees also looked into signs of the forth industrial revolution, the so-called “Industry 4.0”. Andrey Tsarikovskiy emphasized that only the first industrial revolution resulted in price reduction, digitalization of the economy will not cause cost-cutting. He added: “The prices will unlikely go down, but new, additional services will appear”.

Head of FAS Department for Industry Control, Nelli Galimkhanova presented business-models, which, thanks to the modern technologie, accelerate decision-making. As an example of a successful use of such models she mentioned “Zara”, that has the leading positions based on its innovative model of collecting big data on evaluation of the new collections by consumers. It enables the company to promptly made decisions on additional production or reduce the costs.

Andrey Tenishev, Head of FAS Anti-Cartel Department reported that FAS is ready to counter digital violations. He talked about employing modern technologies to violate the law.  For instance, auction robots created specially for bid-rigging collusions are exposed, according to preliminary data, at more than 2000 auctions for several dozens billion RUB. The Antimonopoly Service will study this information in detail.

Finally, the participants discussed the need to make changes to the law. Elena Zaeva reminded that in spite of digitalization the main object still remains the goods and the physical market remains unchanged.

“The goal-setting of our laws remains the same, so there is no need to amend the legislation significantly. We will adjust our in-house regulatory framework and our work methods to efficiently respond to the new challenges”.