ANTON TESLENKO ABOUT COUNTERING ANTICOMPETITIVE AGREEMENTS IN THE DIGITAL ERA

FAS is developing a scoring system to expose and prevent violations

Created under an unofficial name – Big Digital Cat”, the program apart form identifying elements of anticompetitive agreements will also evaluate probability of concluding and pursing collusions on the case-by-case basis.

According to Deputy Head of FAS Anti-Cartel Department, Anton Teslenko, it will enhance efficiency of suppressing anticompetitive agreements due to a system-wide approach and effective use of data bases available to various authorities.

According to him, the first program module has already passed evaluation tests at the Anti-Cartel Department of the Central FAS Office and will be introduced in the work of FAS regional Offices in the near future.

“The first module screens open data and reveals suspicious activities and operations of economic entities that participates in tenders and auctions. The second module, which is under development, will analyze close data-bases and, particularly, “cut off” allowed agreements. The third module will be built up on a mathematical model that evaluates collusion probability”, pointed out Anton Teslenko.

He reminded about use of auction robots that by itself does not constitutes a violation of the law or an unequivocal and independent sign of an anticompetitive agreement.

The speaker said, however, that when no useful functionalities are put originally in an auction robot and it is designed only, for instance, for “ramming” at tenders and auctions and nothing else, it should definitely be banned for both usage and sale.

As an example of using electronic evidence, Anton Teslenko outlined OFAS practice of opening a case upon information form the “For Fair Procurement” United People’s Front that the object of an auction was already built up by the time when the auction took place. At the same time, the auction documentation specified the construction period as 17 days. Data about the start of construction were obtained via “Yandex. Maps service.

Among questions for discussion, the speaker suggested mainstreaming the “secrecy of communication” concept in the digital economy and liability for developing and use of various mala fide software that restricts competition.