Russia (October 22, 2002)

Score = 22

Governed by: Law on Competition and Restriction of Monopoly Activity on the Commodity Markets’ No. 948-1 of 22 March 1991 last amended 22 October 2002 (hereinafter referred to as “Competition Act”).

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.