STATE DUMA IN THE THIRD READING ADOPTED DRAFT LAW ON STRENGHTENING RESPONSIBILITY FOR USAGE OF DIGITAL ALGORITHMS IN CARTELS
21-07-2023 | 11:06
The document is an integral part of the "fifth antimonopoly package"
The draft law* proposes to recognize the use of digital algorithms in cartel agreements as an aggravating circumstance when bringing to administrative responsibility.
The need for innovation is associated with an increase in the number of offences using such algorithms when concluding and implementing anticompetitive agreements.
In addition, it is planned to introduce a double amount of the administrative fine for repeated failure to comply with the remedies of the antimonopoly body. We are talking about cases where the violating company has already been brought to administrative responsibility for ignoring it and not stopping the violation within the newly established deadlines.
At the moment, the maximum amount of an administrative fine for non-compliance with the remedies of FAS Russia for legal entities is 500 thousand rubles**. This value does not deter the illegal behavior of violators, since the income from monopolistic activities significantly exceeds the amount of fines.
The adoption of the draft law will increase the effectiveness of antimonopoly control measures in digital markets, as well as the protection of the rights and interests of market participants from monopolistic activities.
For reference:
* Draft Federal Law No. 160278-8 "On Amending the Code of the Russian Federation on Administrative Offences (on clarifying administrative liability for violations related to manifestations of monopolistic activity in digital commodity markets)"
** Part 2.1-2.3 of the Article 19.5 of the Administrative Code of the Russian Federation