Partner, Head of Competition Law Practice Natalia Korosteleva, Partner Anna Numerova, and Counsels Denis Gavrilov and Maria Kobanenko became the authors of Russia chapter for Merger Remedies Guide - Third Edition by Global Competition Review (GCR).
In August 2020, the third edition of the book which details the legal views of the FAS Russia collective bodies was released. The book is a joint effort of the Antimonopoly Service and the Competition Experts Association with contributions from the HSE Institute for the Study of Competition Policy and Market Regulation experts. Alexey Rodionov, Counsel in the Competition Law Practice of Egorov Puginsky Afanasiev & Partners, co-authored the book as a member of the Competition Experts Association task force.
The article addresses the conflict of private and public interests on the pharmaceutical market arising in the antitrust regulation. The authors suggest assessing antitrust interventions in establishment of rights and enforcement of laws in terms of potential errors known in economics as type I and type II errors, and negative implications of type I errors, where the innocent are punished.
The spread of coronavirus globally poses new challenges before FAS: how to prevent violation of competition law in such turbulent market conditions?
The regulation of foreign investments in Russia has become more stringent in recent years. A number of amendments have been introduced to the laws providing the legal regulatory framework for foreign investments in Russia, namely to both the Strategic Investments Law and the Foreign Investments Law.
The Q&A provides a high level overview of the legal basis for bringing private antitrust litigation actions; parties to an action; limitation periods and forum; standard of proof and liability; costs and timing; pre-trial applications and hearings; alternative dispute resolution; settlement or discontinuance of an action; proceedings at trial; available defences; available remedies; appeals and proposed legislative reform.
In article authors present their analysis of key changes in antitrust legislation which are proposed today in sphere of merger control regime and share with their own view on these changes, including with comparison with foreign antirust legislation.
Egorov Puginsky Afanasiev & Partners has represented publicly owned joint-stock company Alviz, subsidiary to the Beluga Group, in an intellectual property rights dispute against LLC Shampanskiye Vina.
Associate Maria Demina reviews whether competition law may assist policymakers in remedying patent law flaws.
On July 1, 2017 entered into force the Federal Law dated July 1, 2017 No. 155-FZ “On amendments to Article 5 of the Federal Law “On the Privatization of State and Municipal Property” and the Federal Law “On the Procedure for Making Foreign Investments in Companies which are of Strategic Importance for Ensuring the National Defense and State Security” (hereinafter – “Law No. 155-FZ” and “Strategic Investments Law” respectfully).
The information exchange, as such, is not prohibited by the effective Russian Federal Law On Protection of Competition (the Competition Law or Law), but the content of the information exchange between business entities and its consequences are important. Generally, a confirmed exchange of any commercially important information (about prices, production volumes, etc) may be treated as showing that there is an anticompetitive arrangement between companies that will be qualified as a cartel, if the information is exchanged between competitors and if the exchange agreement has resulted in variation of prices, lowering the number of market players or gaining a competitive advantage (article 11 of the Competition Law).
In September 2016, the Antimonopoly Committee of Ukraine (the “AMC”) handed down a significant decision holding a major global pharmaceutical company and its four Ukrainian distributors liable for uncompetitive conduct that resulted in overcharging for drugs in Ukrainian public tenders.
The Q&A provides a high level overview of the legal basis for bringing private antitrust litigation actions; parties to an action; limitation periods and forum; standard of proof and liability; costs and timing; pre-trial applications and hearings; alternative dispute resolution; settlement or discontinuance of an action; proceedings at trial; available defences; available remedies; appeals and proposed legislative reform.
Denis Gavrilov became the author of the Russia chapter of the Edition.
The most recent amendments to the Russian Competition Law, called the Fourth Antimonopoly Package, became effective January 6, 2016. Among other developments, the Fourth Antimonopoly Package brought joint venture (JV) agreements under mandatory merger control clearance procedures.
