ANDREY TENISHEV: WE SHOULD NOT ONLY DEVELOP COMPETITION BUT ALSO PROTECT IT FROM CRIMINAL ENCROACHMENTS
Russian state has been protecting competition since 1845 when criminal liability for price collusion was included in the Code of Criminal and Corrective Penalties
Head of FAS Anti-Cartel Department, Andrey Tenishev was a speaker at the Round Table “The state and business: partnership or standoff?” on 16 May 2018 during St Petersburg International Legal Forum.
Participants discussed pressing issues emerging in the course of interaction between business and the state, particularly, criminal law enforcement.
“We do not persecute business; we protect competition and deal with violators of the antimonopoly law. Protecting competition, we work for the benefit of bona fide businessmen”, pointed out Andrey Tenishev. “At the same time, a lot of cases considered by FAS do not concern violations committed by companies, and constitute cases against the authorities that infringe the rights of business”.
He added: “The Law “On Protection of Competition” is the only law on the world that specifies requirements to acts and actions of the authorities”.
Head of FAS Anti-Cartel Department gave examples of criminal cases opened against officials of government bodies for preventing entrepreneurial activity, for instance, refusals to grant licenses.
Discussing the danger of cartels for the economy, he emphasized that the National Register of Companies includes more than 500 legal entities, which names contain the word “cartel”.
“It is a sign of an attitude of the business community to this crime, and this public opinion must be changed”, said Andrey Tenishev.
Finally, he outlined legislative changes: increasing criminal liability for cartels.
“Hopefully the draft law will be passed during the autumn session”, summed upHead of FAS Anti-Cartel Department.