Russia (July 26, 2006): Difference between revisions
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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... |
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| Line 12: | Line 12: | ||
| Extraterritoriality | | Extraterritoriality | ||
| 1 | | 1 | ||
| | | Article 3 extends the sphere of application to foreign entities whose agreements lead or can lead to restriction of competition in the Russian Federation. | ||
|- class="categorydivision" | |- class="categorydivision" | ||
| Remedies | | Remedies | ||
| Fines | | Fines | ||
| | | 0 | ||
| | | | ||
|- | |- | ||
| | | | ||
| Prison Sentences | | Prison Sentences | ||
| | | 0 | ||
| | | | ||
|- | |- | ||
| Line 30: | Line 30: | ||
| Divestitures | | Divestitures | ||
| 1 | | 1 | ||
| | | Article 38(1) gives the Authority the right to take decision on forced division of organizations in violation of the Competition Act or decision on separation of one or several organizations from them. | ||
|- class="categorydivision" | |- class="categorydivision" | ||
| Line 36: | Line 36: | ||
| 3rd Party Initiation | | 3rd Party Initiation | ||
| 1 | | 1 | ||
| | | Article 39(2)(2) states that the Authority may initiate proceedings based on an application from a legal person or a natural person. | ||
|- | |- | ||
| | | | ||
| Remedies Available to 3rd Parties | | Remedies Available to 3rd Parties | ||
| | | 0 | ||
| | | | ||
|- | |- | ||
| | | | ||
| 3rd Party Rights in Proceedings | | 3rd Party Rights in Proceedings | ||
| | | 1 | ||
| | | Article 43 gives persons participating in the case (including the 3rd party initiator) to have the right to familiarize themselves with the materials of the case. | ||
|- class="categorydivision" | |- class="categorydivision" | ||
| Line 54: | Line 54: | ||
| Voluntary | | Voluntary | ||
| 0 | | 0 | ||
| | | | ||
|- | |- | ||
| | | | ||
| 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. | ||
|- | |- | ||
| | | | ||
| Pre-merger | | Pre-merger | ||
| 0 | | 0 | ||
| | | | ||
|- | |- | ||
| | | | ||
| Post-merger | | Post-merger | ||
| 1 | | 1 | ||
| | | Article 30(1) states that notification must occur not later than forty five days from the date of merger. | ||
|- class="categorydivision" | |- class="categorydivision" | ||
| Merger Assessment | | Merger Assessment | ||
| Dominance | | Dominance | ||
| | | 0 | ||
| | | | ||
|- | |- | ||
| | | | ||
| Restriction of Competition | | Restriction of Competition | ||
| | | 0 | ||
| | | | ||
|- | |- | ||
| | | | ||
| Line 91: | Line 91: | ||
| 0 | | 0 | ||
| | | | ||
|- | |- | ||
| | | | ||
| Public Interest (Pro Authority) | | Public Interest (Pro Authority) | ||
| 0 | | 0 | ||
| | | | ||
|- | |- | ||
| | | | ||
| Other | | Other | ||
| 0 | | 0 | ||
| | | | ||
|- | |- | ||
| | | | ||
| Efficiency | | Efficiency | ||
| 0 | | 0 | ||
| | | | ||
|- class="categorydivision" | |- class="categorydivision" | ||
| Dominance | | Dominance | ||
| Limits Access | | Limits Access | ||
| | | 0 | ||
| | | | ||
|- | |- | ||
| | | | ||
| Abusive Acts | | Abusive Acts | ||
| 1 | | 1 | ||
| | | The language of Article 10(1) suggests the enumerated lists of prohibitions is not exhaustive, and therefore, includes other abusive acts. | ||
|- | |- | ||
| Line 126: | Line 126: | ||
| Price Setting | | Price Setting | ||
| 1 | | 1 | ||
| | | Article 6 prohibits a dominant firm from setting a price that exceeds the competitive market price. | ||
|- | |- | ||
| Line 132: | Line 132: | ||
| Discriminatory Pricing | | Discriminatory Pricing | ||
| 1 | | 1 | ||
| | | Article 10(1)(6) prohibits economically, technologically or in any other way unjustified establishment of different prices. | ||
|- | |- | ||
| | | | ||
| Resale Price Maintenance | | Resale Price Maintenance | ||
| 0 | | 0 | ||
| | | | ||
|- | |- | ||
| | | | ||
| Obstacles to Entry | | Obstacles to Entry | ||
| 1 | | 1 | ||
| | | Article 10(1)(9) prohibits creation of barriers to entry. | ||
|- | |- | ||
| | | | ||
| Efficiency Defense | | Efficiency Defense | ||
| 1 | | 1 | ||
| | | Article 13(1)(1) provides a defense where the practice leads to economic progress. | ||
|- class="categorydivision" | |- class="categorydivision" | ||
| Restrictive Trade Practices | | Restrictive Trade Practices | ||
| Price Fixing | | Price Fixing | ||
| 1 | | 1 | ||
| | | Article 11(1)(2) prohibits agreements for raising, lowering, or maintaining of prices. | ||
|- | |- | ||
| | | | ||
| Tying | | Tying | ||
| | | 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. | ||
|- | |- | ||
| | | | ||
| Market Division | | Market Division | ||
| 1 | | 1 | ||
| | | Article 11(1)(3) prohibits division of the commodity market according to the territorial principle, the volume of sales or purchases of commodities, the range of sold products or composition of sellers or purchasers. | ||
|- | |- | ||
| | | | ||
| Output Restraint | | Output Restraint | ||
| 1 | | 1 | ||
| | | Article 11(1)(7) prohibits agreements causing the reduction or cutting off the production of commodities for which there is a demand. | ||
|- | |- | ||
| | | | ||
| Market Sharing | | Market Sharing | ||
| 0 | | 0 | ||
| | | | ||
|- | |- | ||
| | | | ||
| Eliminating Competitors | | Eliminating Competitors | ||
| 1 | | 1 | ||
| | | Article 11(1)(9) prohibits agreements leading to the restriction or elimination of competition. | ||
|- | |- | ||
| | | | ||
| Collusive Tendering/Bid-Rigging | | Collusive Tendering/Bid-Rigging | ||
| | | 0 | ||
| | | | ||
|- | |- | ||
| | | | ||
| Line 199: | Line 199: | ||
| 0 | | 0 | ||
| | | | ||
|- | |- | ||
| | | | ||
| Efficiency Defense | | Efficiency Defense | ||
| 1 | | 1 | ||
| | | Article 13(1)(1) provides a defense where the practice leads to economic progress. | ||
|} | |} | ||
== References == | == References == | ||
<references /> | <references /> | ||
Revision as of 02:21, 9 October 2007
Score = 22
Governed by: Law no. 135 on the Protection of Competition, 26 July 2006 (hereinafter referred to as “Competition Act”). [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Article 3 extends the sphere of application to foreign entities whose agreements lead or can lead to restriction of competition in the Russian Federation. |
| Remedies | Fines | 0 | |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Article 38(1) gives the Authority the right to take decision on forced division of organizations in violation of the Competition Act or decision on separation of one or several organizations from them. | |
| Private Enforcement | 3rd Party Initiation | 1 | Article 39(2)(2) states that the Authority may initiate proceedings based on an application from a legal person or a natural person. |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 1 | Article 43 gives persons participating in the case (including the 3rd party initiator) to have the right to familiarize themselves with the materials of the case. | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 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. | |
| Pre-merger | 0 | ||
| Post-merger | 1 | Article 30(1) states that notification must occur not later than forty five days from the date of merger. | |
| Merger Assessment | Dominance | 0 | |
| Restriction of Competition | 0 | ||
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 0 | |
| Abusive Acts | 1 | The language of Article 10(1) suggests the enumerated lists of prohibitions is not exhaustive, and therefore, includes other abusive acts. | |
| Price Setting | 1 | Article 6 prohibits a dominant firm from setting a price that exceeds the competitive market price. | |
| Discriminatory Pricing | 1 | Article 10(1)(6) prohibits economically, technologically or in any other way unjustified establishment of different prices. | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 1 | Article 10(1)(9) prohibits creation of barriers to entry. | |
| Efficiency Defense | 1 | Article 13(1)(1) provides a defense where the practice leads to economic progress. | |
| Restrictive Trade Practices | Price Fixing | 1 | Article 11(1)(2) prohibits agreements for raising, lowering, or maintaining of prices. |
| Tying | 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. | |
| Market Division | 1 | Article 11(1)(3) prohibits division of the commodity market according to the territorial principle, the volume of sales or purchases of commodities, the range of sold products or composition of sellers or purchasers. | |
| Output Restraint | 1 | Article 11(1)(7) prohibits agreements causing the reduction or cutting off the production of commodities for which there is a demand. | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 1 | Article 11(1)(9) prohibits agreements leading to the restriction or elimination of competition. | |
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | Article 13(1)(1) provides a defense where the practice leads to economic progress. |