FAS EXPLAINED APPLICATION OF ANTIMONOPOLY LAW IN CONTROL OVER ECONOMIC CONCENTRATION

Presidium of the FAS Russia provided answers to key substantive and procedural issues of M&A control based on extensive practice and modern approaches developed within the framework of law enforcement of the FAS Russia on the analysis of transactions, the adoption of decisions and remedies issued on their basis, aimed at ensuring competition.

The practice of issuing such explanations exists in all developed global economies.

The document is intended for a wide range of people, including antimonopoly authorities, legal and business communities. It covers a wide range of issues relating to the application of Chapter 7 of the Law on Protection of Competition.

The document was developed jointly with the Association of Antimonopoly Experts.

Based on its law enforcement practice, the FAS Russia makes explanations and recommendations on the procedure for conducting an economic analysis of a transaction and an analysis of the anticompetitive consequences of transactions, lists criteria and provides an assessment of the admissibility of transactions. In addition, the document describes in detail the procedural issues of filing a petition and agreeing on transactions, as well as defines the criteria by which the FAS Russia issues behavioral and structural remedies.

The explanations will promote the uniform application of the Law on Protection of Competition in considering petitions within the framework of control over the transactions and actions against companies and are designed, on the one hand, to ensure transparency and predictability of decisions of the antimonopoly authority, and on the other hand, to answer the most common business issues on the procedure for agreeing on such petitions.