Russia (July 26, 2006)
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 | The Competition Law applies to operations performed outside Russian which have led to the limitation of competition or affects markets in Russia. |
| 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. | |
| 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 | ||
| 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. | |
| 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 | ||
| 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. | |
| 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. |