FAS EXPLAINED NORMS OF THE LAW THAT SET RESTRICTIONS FOR ACQUIRING ADDITIONAL TRADING SPACE

The explanations will help unify decision-making by regional FAS Offices

Following the Government Instructions of 26.11.2018, FAS publishes explanations on Part 1 Article 14 of the Law on trade regarding retail chains acquiring additional space prior to the date of publishing statistical information by the Federal State Statistical Service [Rosstat] (its regional Offices) on retail trade turnover.

The antimonopoly body reports, in particular, that a 25% excess in the share of food products sold in the previous year can be identified only after Rosstat published the relevant data for the preceding financial year. Until then, the base for calculations does not exist. Rosstat published information about the overall volume of goods sold in the previous year goods annually by 1 May.

FAS position complies with No. 305-ES18-17616 definition of the Supreme Court of 17.01.2019. For instance, considering whether a contract concluded by a retail chain comply with Article 14 of the Law on trade, calculations using Rosstat information on the total volume all food products sold in the reporting year, published later that the date of concluding the contract, cannot be accounted for. Prohibitive enactment for concluding transactions aimed at increasing trading space appears only from the moment of official publication of data with regard to the disputed contract.