IGOR ARTEMIEV: INTELLECTUAL PROPERTY AND INFORMATION CONTROL THE MODERN MAREKTS

“Structural changes in the economy are getting increasingly more rapid. Technological uncertainty is increasing and digital technologies extrapolate to all spheres of the physical world”, - with these words Head of FAS Igor Artemiev started his speech at the XIX April International Conference on Developing the Economy and Society at High School of Economics – National Research University.

“When cases against such corporations as “Google” and “Microsoft” started in our practice, and now the Antimonopoly Service is considering the “Bayer – Monsanto” merger, we have concluded that the market functions in a completely different manner. The traditional regulatory approaches do not apply any longer to it”, continued Head of FAS. “Developing digital economy requires revision of approaches to antimonopoly regulation and enforcement”.  

“In this context we have drafted the “fifth antimonopoly package” of amendments. The Antimonopoly Service introduces, first of all, new criteria of dominant market position. If an owner of infrastructure or a platform, designed for interaction between other market participants or consumers, gains a possibility to influence the general goods circulation conditions on the basis of the obtained data, this owner will have the dominant market position”, said Igor Artemiev. “Having this position, the owner must ensure non-discriminatory access to the platforms and should not restrict competition. It will be impossible to close the platform from other market participants, creating a monopoly”.

Head of FAS also outlined new approaches to control execution of the injunctions issued by the antimonopoly authority. If an economic entity fails to execute a FAS injunction, the antimonopoly body, in the interests of developing competition, can file a lawsuit requesting to allow using the results of intellectual activity in Russia or vise versa prohibit turnover of the goods of this economic entity through Courts.  

Igor Artemiev informed that the new amendments should abolish immunities for the abuses and cartels related to exercising the intellectual property rights since they deter development of the digital economy.

Deputy Head of FAS Sergey Puzyrevskiy also took part in the event. Characterizing the “fifth antimonopoly package”, he pointed out that the “new amendments to the law means applying the current prohibitions in the digital economy rather than new prohibitions”.  

“We will be able to explain a lot of things and allay all fears of market participants in discussions with representatives of the economic, expert and academic communities”, concluded Sergey Puzyrevskiy.