GOVERNMENT OF THE RUSSIAN FEDERATION APPROVED INTERDEPARTMENTAL PROGRAM OF MEASURES TO IDENTIFY AND SUPPRESS CARTELS

It was developed by the FAS Russia

Implementation of the measures provided for in the new program for 2024-2028* is aimed at improving interaction of the FAS Russia, the Prosecutor General's Office of the Russian Federation and federal executive authorities in combating cartels.

The interdepartmental program was developed in order to protect competition, identify and suppress monopolistic activities of Russian and foreign legal entities and individuals. In a five-year period of its implementation, the number of such violations has been reduced three times.

The document pays special attention to the digitalization of the countering cartels, in particular, the introduction of the Anti-Cartel information system. The program will allow to identify signs of violations of antimonopoly legislation based on big data technology and artificial intelligence.

Besides, one of the program's targets is the implementation of the norms of “soft” law, which provides for the voluntary submission of confessions in order to be released from liability. The inclusion of such an item in the program is aimed at creating conditions contributing to compliance with the requirements of antimonopoly legislation, as well as refusal to further participate in the agreement.

The FAS Russia notes that the share of cartels at auctions accounts for more than 90 % of all violations detected by the Authority related to the conclusion of agreements restricting competition. Violations are most often found in the construction and road industries, housing and communal services, as well as in the supply of medicines and social nutrition.

Thus, according to the results of the implementation of the activities of the interdepartmental program for 2019-2023, a positive dynamics has been established to reduce the number of violations related to both the conclusion of cartels at auctions and other agreements restricting competition. This result is primarily related to the systematic work carried out by the FAS Russia jointly with the relevant departments.

In 2023, the Authority initiated 287 cases on restrictive agreements and coordination of economic activities. In particular, the Service adopted 224 decisions on violation of antimonopoly legislation.

At the same time, the share of “large-scale" cases, where the amount of profit from the implementation of restrictive agreements amounts to hundreds of millions, and in some cases billions of rubles, has significantly increased. In 2023, the total amount of the initial (maximum) contract price for the initiated cases amounted to 174 billion rubles.

Reference:

* Decree of the Government of the Russian Federation No. 512-r of March 5, 2024