SERGEY PUZYREVSKIY: IMPLEMENTING ANTIMONOPOLY COMPLIANCE SHOULD DECREASE COMPETITION LAW VIOLATIONS BY AUTHORITIES

At a workshop for representatives of federal executive bodes FAS officers answered questions raised in the course of implementing this institution

Deputy Head of FAS Sergey Puzyrevskiy stated: “Antimonopoly compliance is an important mechanism since it enables to fulfill one of FAS main tasks set in an order of the President of the Russian Federation – prevent violations of the antimonopoly law and decrease their number through preventative measures”.

He pointed out that all necessary guidelines are devised and adopted to implement antimonopoly compliance by the authorities; and embedding this tool in the economic management system should change the algorithm of making administrative decisions with further evaluation of their consequences for competition.

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Head of FAS Legal Department Artem Molchanov reported that this work is based in general on adopting an act, which defines the in-house system for preparing and making decisions.  A special unit is formed or a responsible official is appointed.

“They draft appropriate instructions for the staff, familiarize them with the main standards of the antimonopoly law set for the authorities, and training must be organized on a regular basis”, explained Artem Molchanov.

First, the probability of emerging risks of violating the antimonopoly law is evaluated. If a violation was already committed in the past three years or FAS exposed its signs, the authorized unit collects information whether there are violations of the antimonopoly law, complies a list of unlawful actions separately per each violations and information about them.

Second, an Action Plan is introduced to prevent violations, on the outcome of which the key performance indicators are evaluated.

“Such measures can be different – from working meetings to enabling market players and members of the public to forward their comments regarding regulations adapted by the authorities. A special technique to evaluate efficiency is approved that contain a parameter of the staff proportion that have attended training in antimonopoly law. The authorized unit can also watch certain “control points” and evaluated through a year the results of the adopted measures, and adjust them if necessary”, continued Artem Molchanov.

Another important element is drafting an Antimonopoly Compliance Report. It covers the results of evaluating the risks of violations and the outcome of the measures adopted to reduce them and achievements of the key performance indicators for antimonopoly compliance. Information about the measures on organizing antimonopoly compliance and executing it by the authorities is included in the Report on the State of Competition in the Russian Federation, which is presented annually to the Government of Russia.