FAS APPROVED PROCEDURE FOR CONSIDERATION OF TRANSACTIONS OF ECONOMIC CONCENTRATION IN PRESENCE

It* was developed in order to implement the provisions of the "fifth antimonopoly package", the document entered into force on November 12, 2023

Control over economic concentration is one of the key elements of antimonopoly regulation. The opportunity to consider petitions on transactions in person comes due to adoption of the fifth "digital" antimonopoly package. In order to optimize licensing activities, FAS Russia has developed and approved a special procedure for in-person consideration.

Thus, the authority determined the dates at which it is necessary to schedule a meeting. If the applicant requests to consider the petition in person, then within 3 working days the agency sends a ruling on the schedule of the meeting. In a case when the antimonopoly authority acts as the initiator, the ruling is sent within 10 working days from the date of sending the conclusion on the circumstances of the petition.

If the applicant and FAS did not declare an in-person consideration of the application, or if the parties to the transaction did not come for an in-person consideration of the application, then the decision on the transaction is made in absentia.

Besides, FAS Russia has approved qualification requirements** for experts who can now be involved in the consideration of applications and cases of violation of antimonopoly legislation.

For example, the expert must have a higher education and work for at least 5 years in the field in which he is engaged as an expert.

For reference:

* Order of FAS Russia of August 25, 2023 No. 576/23

** Order of FAS Russia of August 25, 2023 No. 574/23