OKSANA KUZNETSOVA: ANTIMONOPOLY COMPLIANCE IS A COMPETITION DEVELOPMENT TOOL
Deputy Head of FAS Legal Department described the methods of exposing and evaluating antimonopoly risks at the “Compliance as a Risk Management System” International Research-to-Practice Conference
Oksana Kuznetsova presented Russian and international experience in terms of handling antimonopoly risks.
As an example, she looked at the most well-known ICC antimonopoly compliance manual1, illustrating options for risk exposure and assessment. Deputy Head of FAS Legal Department pointed out that the approaches to identifying and exposing risks and evaluating the, are similar in Russian and international practices, the tasks and methods are very close.
“To enhance efficacy of competitor protection and development, efforts should be combined on antimonopoly control, pro-competitive government policy and promoting legal culture. To this end, all necessary regulatory framework has been created – the Government approved2 the Guidelines on establishing and organizing an in-house system for conformity to the antimonopoly law by federal executive bodies, which are recommended, in particular, for application by regional executive bodies and local self-government bodies”, said Oksana Kuznetsova.
Regarding implementation of antimonopoly compliance, the speaker described in detail the content of all stages of this process, including risks identification, assessment and adopting measures to prevent risks and organizing ongoing control.
“The interest of top officials of the authorities in efficient systems for preventing the risks of antimonopoly violations is one of the essential principles of antimonopoly compliance”, commented Deputy Head of FAS Legal Department.
Oksana Kuznetsova listed the sources of information recommended to use in analysis of possible antimonopoly violations and explained the approaches to “Risk Maps” and Road Map for reducing the antimonopoly risks.
The technique3 for estimating the key indicators of efficient antimonopoly compliance takes into account the coefficient of reducing antimonopoly violations by an executive body, the share of regulatory acts and drafts, where antimonopoly risks are identified, and the share of personnel participated in trainings on antimonopoly law and antimonopoly compliance.
“Effective antimonopoly compliance system enables the staff of government bodies and agencies to act productively and confidently and make decisions without breaching the law. The antimonopoly compliance system should be aimed at constantly observing the antimonopoly law”, concluded Oksana Kuznetsova.
1 Practical measures for observing the antimonopoly law for small and medium companies. ICC Competition Commission, 2014 // www.iccbooks.ru
2 № 2258-r Decree of the Government of the Russian Federation On approving the Guidelines for establishing and organizing an in-house system for conformity to the antimonopoly law by federal executive bodies” of 18 October 2018.
3 № 133/19 Order of the Federal Antimonopoly Service of 05.02.2019 approved the techniques for estimating the key efficiency indicators on antimonopoly compliance.