New in Antimonopoly legislation

On January 6, 2012, the "antitrust amendments" to the Federal law "on protection of competition" came into force, including:

- such concept as "a person who is the object of economic concentration" is defined";
- the rules of recognition of prices as monopolistically high are clarified (the conditions under which prices for goods are not recognized as such are defined);
- the procedure for consideration of complaints on violation of the bidding procedure and the order of conclusion of contracts by the Antimonopoly authority is defined;
- the possibility of sending a warning to an economic entity about the inadmissibility of committing actions that may lead to a violation of antitrust law;
- the norms providing criteria of recognition of actions of economic entities as agreed and leading to restriction of the competition, and also the bases of recognition of set of persons-by group of persons for the purposes of this are corrected. A number of cases in which the competition-limiting agreements on joint activities are permissible are defined;
- the conditions under which the creation and reorganization of economic entities are carried out with the prior consent of the Antimonopoly authority are specified;
- additional requirements to the composition and content of documents attached to the application (notification) on the implementation of transactions, other actions subject to state control;
- the grounds for review of the decision (order) in the case of violation of the antitrust law on new or newly discovered circumstances are determined.
Some changes have also been made to other Federal laws "on natural monopolies" (in particular, water supply and sanitation with the use of municipal infrastructure systems are included in the field of activities of natural monopolies), "on electric power" (the concept of manipulation of prices in the electricity markets is established), as well as other legislative acts.

Nikishenko, Andrey
East-European consulting LLC"
01.06.2012