RESULT-ORIENTED ANTIMONOPOLY COMPLIANCE REFLECTS THE PRINCIPLES OF THE CONDUCT OF COMPANIES AND THEIR STAFF IN THE MARKET

05-12-2018 | 15:42

The conclusion was made by the Conference of “Pravo.RU” informational portal

 

Recently FAS has been focused on prophylactics and violations prevention rather than punishments for them, stated Deputy Head of FAS Legal Department, Oksana Kuznetsova, at the Conference: “Compliance – 2018: Trends and the Best Practices”.

 

She said: “Statistics confirms that the number of violations is going down; the institution of warning proved to be efficient. 80% of our warnings are not appealed. It does not incur fines for companies and helps avoid long judicial proceedings”.

 

Oksana Kuznetsova outlined the pluses of antimonopoly compliance for companies. The law drafted by FAS gives a definition of this concept.  According to the draft law, its implementation should be voluntary.

 

Deputy Head of FAS Anti-Cartel Department, Mukhamed Khamukov, also was a Conference speaker. He added that if provisions on compliance are put on paper, it does not mean that they work.

 

“One company has antimonopoly compliance bit nobody is aware about it except the General Director. Another company has good documents, journals where the staff have to sign their awareness. Their behaviour, however, is completely different from what is written on paper and they violate the law on a systemic basis”, continued Mukhamed Khamukov.

 

He pointed out to ensure bona fide operations, companies need the following deterrent factors: moral principles and of the company leadership fair conduct on the market, adequacy and inevitability of punishment. In the absence of any of those factors, deterrence of unlawful or criminal activities is very complicated or impossible.

 

“At the same time, it is possible to say that result-oriented implementation of antimonopoly compliance reflects the moral principles of a company and its staff on the market or at the exchange”, explained the speaker.

 

Regarding antimonopoly risks of various collusions, Mukhamed Khamukov added that violations can happen in the course of entity’s communicating with competitors, counteragents, the authorities, particularly, government customers, interacting with competitors in various associations and in other cases. Therefore, compliance units must be careful in this respect to avoid violating the law.



Site Map

News & Events Press Releases Media Releases Image Library About the FAS Russia What We Do General Information Mission, Goals, Values Priority Setting Institutional Memory Stakeholders Engagement Center for Education and Methodics Our History Our Structure Powers of Head and Deputy Heads Our Ratings GCR Using our website International Cooperation Treaties & Agreements International Working Groups Working Group on Research of Competition Issues in the Market of International Telecommunications (Roaming) Meetings Working Group for Studying Competition Problems in the Pharmaceutical Sector Concept Note Meetings OECD Competition Committee OECD meetings 2013 OECD meetings 2014 OECD meetings 2015 OECD meetings 2016 OECD meetings 2017 OECD meetings 2018 FAS Annual Reports OECD-GVH RCC RCC Newsletter ICAP Council on Advertising Headquarters for Joint Investigations UNCTAD 13th session IGE UNCTAD Resolution Russian contributions 14th session IGE UNCTAD Resolution Russian contributions 15th session IGE UNCTAD 16th session IGE UNCTAD 17th session IGE UNCTAD EEU Model Law on Competition ICN BRICS WG (Markets of Social Importance) EU APEC Competition Policy and Law Group Annual meetings Projects ERRA Full Members Organizational Structure Archive Working Group on Investigating Issues on Pricing in the Oil and Oil Product Markets and Methods of their Functioning Meetings Document Library Legislation Reports & Analytics Cases & decisions Contacts Give feedback Contact us Links Authorities Worldwide