FAS: SYSTEM OF "SOFT" LAW IN THE FIELD OF COMPETITION PROTECTION HAS BEEN FORMED IN 3 YEARS

At the same time, all the necessary control and supervisory functions of the authority were retained

Antimonopoly legislation has always been based on a balance of interests of all parties of the process. This principle has not changed in the current economic situation and taking into account external factors. It was told by Andrey Tsyganov, Deputy Head of FAS Russia, at the scientific and practical conference of the Association of Corporate Lawyers.

Currently, the trends of softening the provisions of the antimonopoly legislation have been identified, including with the aim of supporting small and medium-sized businesses.

In 2020-2022, changes were made to the legislative regulation, for example, the notification procedure for monitoring economic concentration, an increase in the threshold for approving transactions, the introduction of immunities for small and medium-sized enterprises.

Supreme Court of the Russian Federation* examined in detail many substantive and procedural aspects of law enforcement, such as determining the boundaries of commodity markets, proving violations of antimonopoly legislation, the boundaries of the regulator's intervention in civil law relations.

It made possible to significantly increase the standards for proving violations of antimonopoly legislation, taking into account many economic factors.

In order to reduce administrative pressure on business FAS Russia has become more active in applying the institute of warnings and admonitions. The application of these preventive measures to protect competition in the commodity markets has led to an increase in the number of warnings and admonitions and a decrease in the number of cases.

In conclusion, Andrey Tsyganov spoke about some antimonopoly cases and situations that were resolved through "soft" law and stressed the importance of its further development and application in combination with the promotion of socially responsible behavior of entrepreneurs and the introduction of antimonopoly compliance procedures.

* Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 of 04.03.2021 "On some issues arising in connection with the application of antimonopoly legislation by courts"