Competition policy in the Russian Federation Olga Sergeeva China Competition Policy Forum – Transformation of Competition Policy Beijing, THE FEDERAL ANTIMONOPOLY SERVICE

The FAS Russia The FAS Russia is a federal authority which reports to the Government of the Russian Federation and has offices in each region of the Russian Federation (83). 2 The powers of the FAS Russia: Protection of competition and antimonopoly regulation; Control over public procurement; Control over the activity of natural monopolies; Control of the allocation of property, resources, rights, etc. on the competitive basis. The FAS Russia is the first federal executive body awarded an ISO 9001:2008 Certificate of compliance with the international management quality standard.

Improvement of legislation 3 The Law “On Protection of Competition” (1991) “The First Antimonopoly Package” (2006): The Law “On Protection of Competition” + amendments to the Code on Administrative Violations (the CoAV). “The Second Antimonopoly Package” (2009): Amendments to the Law “On Protection of Competition”, the CoAV, the Criminal Code, and other legislative acts. “The Third Antimonopoly Package” (2012): Amendments to the Law “On Protection of Competition”, the CoAV, the Criminal Code and other legislative acts.

The Third Antimonopoly Package Strengthening of anti-cartel activity; Clarification of criteria of monopolistically high price; Strengthening of requirements to the activity of public authorities; Reduction of excessive administrative burden on businesses in the sphere of economic concentration; Introduction of “warnings” and “admonitions” – the new instrument of competition enforcement; Clarification of the procedure of imposing “turnover" fines in CoAV; Decriminalization of all anti-competitive agreements and concerted practices, except for cartels. 4

Development strategy To expand the scope of antimonopoly legislation to agreements on using exclusive rights; To expand the scope of application of warnings; To turn to protection of an indefinite number of consumers; To exclude post-merger control over economic concentration; To provide a list of forbidden practices which are recognized as unfair competition; To introduce procedures of the pre-judicial appeal of regional offices’ decisions to the FAS Russia; To modernize CoAV and exempt from criminal liability persons who contribute to disclosure of cartels. 5

National and international policy The Government of the Russian Federation has approved the Road Map on “Developing Competition and Improving Antimonopoly Policy” (tactics up to 2016); The Government Competition Commission is headed by the First Deputy Chairman of the Government of the Russian Federation; The FAS Russia has elaborated the Strategy of the Antimonopoly Regulation Development (up to 2024); The Presidium of the FAS Russia – unified enforcement throughout the entire territory of Russia; Enforcement on the cross border markets: Interstate Council on Antimonopoly Policy of the CIS member-states; bilateral agreements; supra- national institutions for competition protection within the Common Economic Space 6

THANK YOU FOR ATTENTION! FAS-book rus_fas fasovka fas_rf (eng)