STATE DUMA PASSED FAS DRAFT LAW ON ANTIMONOPOLY COMPLIANCE IN THE FIRST READING
It formalizes the concept of “in-house system for ensuring complacence with the antimonopoly law” in the Federal Law “On Protection of Competition”, the procedure for organizing the system by economic entities, and specifies the main requirements to the content of in-house acts that shape an in-house systems for conformity to the antimonopoly law
On 14 November 2019, Deputy Head of FAS Sergey Puzyrevskiy presented a draft Federal Law on compliance to the plenary session of the State Duma of the Federal Assembly of the Russian Federation.
“In 2017 the antimonopoly body sent 95 warnings, in 2018 – 123 warnings to top-executives of economic entities and authorities who exercised actions that could lead to antimonopoly violations. Efficiency of the measures stimulating conformity to the law shows that such measured must be developed”, said Sergey Puzyrevskiy at the beginning of his speech.
He explained that developing and implementing in-house compliance with the norms of the antimonopoly law by companies is one of the tools for preventing and prophylactics of antimonopoly violations and decreasing antimonopoly risks for them.
Deputy Head of FAS pointed out that the main principle for implementing this system of measures is voluntary adoption.
At the same time, the draft law enables economic entities to send draft acts to FAS on in-house compliance with the antimonopoly law.
“The antimonopoly body will take into account implementation of compliance when defining a risk category for economic entities under the risk-oriented approach to control compliance with the antimonopoly law”, clarified Sergey Puzyrevskiy.
The document is drafted to fulfill the National Plan for Competition Development1.
“The draft law will enhance efficiency of antimonopoly regulation and create additional mechanisms’ stimulating economic entities to adopt measures fore preventing antimonopoly violations”, concluded Deputy Head of FAS.
1 Draft Federal Law “On amendments to the Federal Law “On Protection of Competition” is prepared by FAS to fulfill Sub-Clause “h” Clause 2 of 2018 - 2020 of the National Plan for Competition Developmentin the Russian Federation, approved by № 618 Order of the President of the Russian Federation of 21 December 2017.