FAS RUSSIA ANNOUNCED A NORM THAT COULD BE INCLUDED IN THE “SIXTH ANTIMONOPOLY PACKAGE”

It is about abolishing “antimonopoly immunities” in the field of intellectual property

Sergey Puzyrevsky, State-Secretary – Deputy Head of the FAS Russia, suggested such a possibility to the participants of the XI Moscow Legal Forum* during the scientific and practical conference “Antimonopoly Regulation in the context of the formation of a multipolar world”.

He stressed that “antimonopoly immunities” in the field of intellectual property were not previously provided for by antimonopoly legislation. Relevant amendments were made to the Law on Protection of Competition starting from 2006. First, a provision was introduced in Article 10 blocking the application of a ban on anti-competitive actions by monopolists in this area. Then a similar provision was introduced in Article 11 with regard to anti-competitive agreements.

At the same time, in the context of the transformation of markets and ways of doing business, as well as in connection with the high growth of intellectual property in production, a number of problems are increasingly arising in view of the effect of such “antimonopoly immunities”. Restricting competition by rightholders by abusing their exclusive rights leads to insecurity of consumer interests and risks monopolizing digital commodity markets.

The FAS Russia considers appropriate to develop relevant amendments to the Law on Protection of Competition. They may be included in the “sixth antimonopoly package” being developed by the FAS Russia.

*The Forum has been held by the Kutafin Moscow State Law University since 2014. The event is an open platform for legal cooperation and professional exchange of experience and ideas between lawyers. The scientific and practical conference “Antimonopoly Regulation in the context of the formation of a multipolar world”, organized within the framework of the Forum, was held at the FAS Russia on April 5, 2024.