FAS DEFINED THE GOALS AND OBJECTIVES FOR 2020
And drafted explanations to delineate the grounds for qualifying actions of economic entities as violations of Articles 10, 11 or 17 of the Federal Law “On Protection of Competition”
On 14 February 2020, FAS Methodological Council met for a regular session. The experts considered the Public Declaration of FAS Goals and Objectives for 2020 and discussed the draft Explanations on applying Articles 10, 11 and 17 of the Federal Law “On Protection of Competition”1.
Chairman of the Methodological Council, Deputy Head of FAS, Andrey Tsyganov commented: “At the meeting, we approved the Public Declaration of the Goals and Objectives of the antimonopoly body for 2020. Every year FAS adopts such goals in the form comprehensible for the general public. It is one of the ways to ensure openness of information about our work for subsequent evaluation of the antimonopoly policy pursued by FAS2. The work on the Public Declaration will continue, we plan to discuss the document with reference groups and submit it to FAS Public Council”.
The Council also considered Explanations drafted by Head of FAS Legal Department on applying Articles 10, 11 and 17 of the Federal Law “On Protection of Competition”.
“In the context of ambiguous enforcement practice, the antimonopoly bodies regularly face an issue of qualifying actions (omissions) of economic entities in procurement of goods, works, and services from a single supplier3. The Explanations are based on a study of judicial as well as enforcement practices of procurement from a single supplier, that delineates the grounds for qualifying actions of economic entities as violations of Articles 10, 11 or 17 of the Federal Law “On Protection of Competition”, explained Head of FAS Legal Department Artem Molchanov. “For instance, both are important - elements of a violation - say, if a fact of an anticompetitive agreement is established, and the status of an economic entity: for example, presence of the dominant position if a fact of a violation is ascertained under Article 10 of the Federal Law “On Protection of Competition”.
The draft Explanations are approved by the experts of FAS Methodological Council in general and in the near future the document will be submitted to FAS Presidium.
1 When economic entities procure goods, works or services from a single supplier.
2 Public Declarations of Goals and Objectives is one of the key mechanisms specified in the Openness Standard for federal executive bodies. Public Declarations of Goals and Objectives are included in strategic plans of federal executive bodies. It is required by the Decree of the Government of the Russian Federation of 26 December 2015 on the procedure for drafting, adjusting, monitoring and control over executing strategic plans.
3 In accord with No.223-FZ Federal Law “On procurement of goods, works, services by particular types of legal entities” of 18 July 2011.