ANDREY TENISHEV DISCUSSED CHANGES IN THE CRIMINAL AND ANTIMONOPOLY LAW

FAS is drafting the law to tighten criminal liability for cartels and the “fifth antimonopoly package” designed to modernize the law in the digital era

Head of FAS Anti-Cartel Department Andrey Tenishev discussed them at the plenary session of the XIV Annual Legal Forum of Russia organized by the “Vedomosti” newspaper.

He pointed out that in 2018 Address to the Federal Assembly, President of Russia Vladimir Putin pointed out that “the norms of the criminal law must be strictly observed with regard to offences against the interests of individuals, the society and economic freedoms. It is infringements upon property and means of physical persons, illegal takeovers, violations of competition, avoiding tax payments and budget embezzlement”.

Andrey Tenishev emphasized: “The President instructed us to draft a law on tightening liability for cartels, particularly, criminal liability”. He added that the antimonopoly body holds consultations with business and community organizations and emphasized “hot discussions” with them on the issue.

Head of FAS Anti-Cartel Department gave several examples of reducing goods prices after FAS inspections aimed to expose cartels. He underlined: “It shows clearly how bona fide business suffers. Also, the state loses up to 1 trillion RUB per year because of anticompetitive bi-rigging collusions”.

Andrey Tenishev also informed about the forthcoming amendments to the antimonopoly law, the so-called “fifth antimonopoly package”: “Due to digitalization of the economy, the amendments shall include changes to defining dominance on the markets, new rules of economic concentration and antimonopoly requirements to software algorithms used at tenders and auctions”.