A team from the Competition Law Practice at Egorov Puginsky Afanasiev & Partners has completed a project to develop the first compliance system for state-owned company Russian Highways (Avtodor), a global infrastructure investment holding company that develops and operates major roads, motorways and roadside infrastructure.
Russian Highways is the first state company to voluntarily adopt an antitrust risk warning system for its group, which brings together ten companies within the holding. Egorov Puginsky Afanasiev & Partners was chosen as the consultant on this project following an open tender.
The group’s operations are connected with procurement and trading involving the disposal of property rights governed by special legislative requirements, and attracting investors under concession agreements and long-term investment agreements. Antitrust risks arise regularly and monitoring is essential to ensure that business decisions do not break the law.
Following an audit of the operations of each company within the group, a framework was put forward for a compliance system that would be integrated into the structure of the holding company and based on a mature corporate culture and high standards of management and operations. The Firm’s team then worked to tailor the system to suit the requirements and specific operations of the Russian Highways group, creating a system of internal documentation and measures to identify antitrust risks and alert employees to their existence. On 21 March 2017, Russian Highways Chairman of the Board Sergei Kelbakh issued order No. 66, approving the key internal document of the compliance system – the group’s antitrust policy.
The risk warning system sets up transparent monitoring of antitrust risks when business decisions affecting competition are taken; raises awareness among employees and ensures that they are more motivated to comply with the law; and also provides a channel for reporting potential infringements and holding internal investigations with a view to taking immediate risk prevention measures.
Partner Anna Numerova, Counsel Denis Gavrilov, Senior Associate Olga Denchenkova and paralegal Denis Kislitsa worked on the project.