Russia (July 26, 2006) - Revision history

HCargill at 16:53, 23 June 2008

2008-06-23T16:53:53Z

← Older revision		Revision as of 16:53, 23 June 2008
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	\| Fines		\| Fines
	\| 1		\| 1
	\| Article 51(3) requires companies violating the monopoly rules to transfer their ill-gotten gains to the state. Additionally, Russian Federal Law No.45-FZ<ref>Unofficial translation ofthe statute available at the Antimonopoly ~~Authority~~ website, at http://www.fas.gov.ru/english/legislation/12479.shtml</ref> provides fines for various anticompetitive activities.		\| Article 51(3) requires companies violating the monopoly rules to transfer their ill-gotten gains to the state. Additionally, Russian Federal Law No.45-FZ<ref>Unofficial translation ofthe statute available at the Antimonopoly Service website, at http://www.fas.gov.ru/english/legislation/12479.shtml</ref> provides fines for various anticompetitive activities.

	\|-		\|-

HCargill at 16:52, 23 June 2008

2008-06-23T16:52:49Z

← Older revision		Revision as of 16:52, 23 June 2008
Line 18:		Line 18:
	\| Fines		\| Fines
	\| 1		\| 1
	\| Article 51(3) requires companies violating the monopoly rules to transfer their ill-gotten gains to the state.		\| Article 51(3) requires companies violating the monopoly rules to transfer their ill-gotten gains to the state. Additionally, Russian Federal Law No.45-FZ<ref>Unofficial translation ofthe statute available at the Antimonopoly Authority website, at http://www.fas.gov.ru/english/legislation/12479.shtml</ref> provides fines for various anticompetitive activities.

	\|-		\|-

HCargill: Changed scoring on fines, bid rigging, merger notification, and limiting access.

2008-06-23T16:44:41Z

Changed scoring on fines, bid rigging, merger notification, and limiting access.

← Older revision		Revision as of 16:44, 23 June 2008
Line 1:		Line 1:
	'''Score = 18'''		'''Score = 22'''

	''Governed by:'' Law no. 135 on the Protection of Competition, 26 July 2006 (hereinafter referred to as “Competition Act”).		''Governed by:'' Law no. 135 on the Protection of Competition, 26 July 2006 (hereinafter referred to as “Competition Act”).
Line 17:		Line 17:
	\| Remedies		\| Remedies
	\| Fines		\| Fines
	\| 0		\| 1
	\|		\| Article 51(3) requires companies violating the monopoly rules to transfer their ill-gotten gains to the state.

	\|-		\|-
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	\| Mandatory		\| Mandatory
	\| 3		\| 3
	\| Article ~~30(1) states~~ that ~~the antimonopoly authority should be notified by a commercial organization about its creation in the result of merger between commercial organizations~~.		\| Article 27 requires that very large companies seek approval before merging.

	\|-		\|-
	\|		\|
	\| Pre-merger		\| Pre-merger
	\| 0		\| 2
	\|		\| Article 27 requires that very large companies seek approval before merging. Article 30 requires post-merger notification for smaller companies.

	\|-		\|-
	\|		\|
	\| Post-merger		\| Post-merger
	\| 1		\| 0
	\| ~~Article 30(1) states that notification must occur not later than forty five days from the date of merger.~~		\|

	\|- class="categorydivision"		\|- class="categorydivision"
Line 113:		Line 112:
	\| Dominance		\| Dominance
	\| Limits Access		\| Limits Access
	\| 0		\| 1
	\|		\| Article 10(1)(2) prohibits removing goods from the market to drive prices up.

	\|-		\|-
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	\| Tying		\| Tying
	\| 1		\| 1
	\| Article 10(1)(3) prohibits imposing on a counterparty contractual terms which are unprofitable for the latter or not connected with the subject of agreement.		\| Article 11(1)(5) prohibits imposing on a counterparty contractual terms which are unprofitable for the latter or not connected with the subject of agreement.

	\|-		\|-
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	\|		\|
	\| Collusive Tendering/Bid-Rigging		\| Collusive Tendering/Bid-Rigging
	\| 0		\| 1
	\|		\|Article 17 prohibits collusive tendering.

	\|-		\|-

AchalOza at 02:28, 9 October 2007

2007-10-09T02:28:31Z

← Older revision		Revision as of 02:28, 9 October 2007
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	'''Score = 22'''		'''Score = 18'''

	''Governed by:'' Law no. 135 on the Protection of Competition, 26 July 2006 (hereinafter referred to as “Competition Act”).		''Governed by:'' Law no. 135 on the Protection of Competition, 26 July 2006 (hereinafter referred to as “Competition Act”).

AchalOza at 02:26, 9 October 2007

2007-10-09T02:26:32Z

← Older revision		Revision as of 02:26, 9 October 2007
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	\| Merger Assessment		\| Merger Assessment
	\| Dominance		\| Dominance
	\| 0		\| 1
	\|		\| Article 33(2)(5) states that the Authority will examine whether the merger will result in strengthening of a dominant position.

	\|-		\|-
	\|		\|
	\| Restriction of Competition		\| Restriction of Competition
	\| 0		\| 1
	\|		\| Article 33(2)(5) states that the Authority will examine whether the merger will result in a restriction of competition.

	\|-		\|-

AchalOza at 02:21, 9 October 2007

2007-10-09T02:21:22Z

Show changes

AchalOza: New page: '''Score = 22''' ''Governed by:'' Law no. 135 on the Protection of Competition, 26 July 2006 (hereinafter referred to as “Competition Act”). http://www.fas.gov.ru/english/legisl...

2007-10-08T21:49:36Z

New page: '''Score = 22''' ''Governed by:'' Law no. 135 on the Protection of Competition, 26 July 2006 (hereinafter referred to as “Competition Act”). <ref>http://www.fas.gov.ru/english/legisl...

New page

'''Score = 22'''

''Governed by:'' Law no. 135 on the Protection of Competition, 26 July 2006 (hereinafter referred to as “Competition Act”).
<ref>http://www.fas.gov.ru/english/legislation/8955.shtml</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| The Competition Law applies to operations performed outside Russian which have led to the limitation of competition or affects markets in Russia.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Fines are imposed for certain violations.

|-
|
| Prison Sentences
| 1
| For certain monopolistic violations the court can impose prison sentences.

|-
|
| Divestitures
| 1
| Judicial liquidation is a punishment for certain violations.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Legislation can be initiated by commercial and non-commercial 3rd parties.

|-
|
| Remedies Available to 3rd Parties
| 1
| Companies that violate the Act can be held responsible for the damages their actions caused to other undertakings.

|-
|
| 3rd Party Rights in Proceedings
| 0
|

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| The Authority must be notified of mergers.

|-
|
| Pre-merger
| 0
|

|-
|
| Post-merger
| 1
| Notification must come within 45 days of the merger.

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| The key factors in deciding whether to allow a merger are whether it will strengthen or create a dominant position or restrict competition.

|-
|
| Restriction of Competition
| 1
| The key factors in deciding whether to allow a merger are whether it will strengthen or create a dominant position or restrict competition.

|-
|
| Public Interest (Pro D)
| 0
|

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Limiting the goods on the market but a dominant undertaking is considered an abusive act.

|-
|
| Abusive Acts
| 1
| Abuses of a dominant position are expressly forbidden by the act.

|-
|
| Price Setting
| 1
| Price setting is considered an abusive act.

|-
|
| Discriminatory Pricing
| 1
| Discriminatory conditions are considered an abusive act.

|-
|
| Resale Price Maintenance
| 0
|

|-
|
| Obstacles to Entry
| 1
| Creating obstacles to entry is considered an abusive act.

|-
|
| Efficiency Defense
| 1
| The act provides exemptions when the economic and social benefit outweighs the detriment to competition.

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Price fixing is impermissible.

|-
|
| Tying
| 0
|

|-
|
| Market Division
| 1
| Market division is prohibited.

|-
|
| Output Restraint
| 1
| Refusing to fulfill contracts is prohibited.

|-
|
| Market Sharing
| 0
|

|-
|
| Eliminating Competitors
| 1
| Removing others from the market is prohibited.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Bid rigging is prohibited.

|-
|
| Supply Refusal
| 0
|

|-
|
| Efficiency Defense
| 1
| The Act allows an exemption when the activity has a social or economic benefit that outweighs the detriment.

|}

== References ==
<references />