FAS CLARIFIES APPLICATION OF THE LEGISLATION ON ANTIMONOPOLY COMPLIANCE

The document is posted on the agency's website

The explanations set out the position of the FAS Russia on the issues of certain powers of the agency in terms of the introduction of antimonopoly compliance systems by economic entities.

In particular, the document outlines procedure of the FAS Russia for conformity assessment of internal acts on antimonopoly compliance with the requirements of antimonopoly legislation, describes the procedure for sending such an act to the agency, lists the requirements for the document provided, and gives recommendations on the organization of the antimonopoly compliance system.

The implementation of antimonopoly compliance allows the organization to reduce the risks of violation of antimonopoly legislation and, as a result, the risks of negative consequences in the form of fines, losses, damage to business reputation, invalidation of contracts and others.

Besides, the functioning of antimonopoly compliance in an organization, under certain conditions, will become the basis for reducing the risk category of violation of antimonopoly legislation to which this organization belongs. This will lead to a reduction in the administrative burden on business and a more efficient use of public resources.

The document is intended for a wide range of organizations and will promote compliance with the provisions of the antimonopoly legislation by bona fide market participants.

For reference:

The Association “Nonprofit Partnership “Association of Corporate Lawyers”, the Association of Antimonopoly Experts, as well as the Association of Compliance Managers, the RSPP, the All-Russian Public Organization “Business Russia” took part in the discussion of the document.

The document was approved by the Presidium of the FAS Russia on July 2, 2021.

It was developed in connection with the adoption of Federal Law No. 33-FZ of March 1, 2020 on Antimonopoly Compliance in order to ensure uniform application of antimonopoly legislation when considering applications from economic entities for an opinion on compliance of internal acts of organizations on antimonopoly compliance, as well as assistance to economic entities in organizing effective antimonopoly compliance.