The Legal 500

Legal Update No. 319
 
Goltsblat BLP advises that Federal Law of 6 December 2011 No. 401-FZ “On Amendment to the Federal Law ‘On Protection of Competition’ and certain legislative acts of the Russian Federation” (the Law) came into effect on 6 January 2012 (apart from certain provisions). The Law updates legal regulation of combating monopolistic activities and restriction of competition by the authorities, economic concentration, etc.

Legal Update No. 321

Goltsblat BLP advises that:

• Federal Law of 6 December 2011 No. 404-FZ “ON amendments to the Code of Administrative Offences of the Russian Federation” came into effect on 7 January 2012;
  
• Federal Law of 6 December 2011 No. 401-FZ “On Amendment to the Federal Law ‘On Protection of Competition’ and certain legislative acts of the Russian Federation”, containing, in particular, amendments to article 178 of the Criminal Code of the Russian Federation, came into effect on 6 January 2012.

Legal Update No. 318

Goltsblat BLP advises that Federal Law of 6 December 2011 No. 401-FZ “On Amendment to the Federal Law ‘On Protection of Competition’ and certain legislative acts of the Russian Federation”, envisaging, in particular, a change in control over transactions and other actions affecting the state of competition, came into effect on 6 January 2012.

Legal Update No. 293

Goltsblat BLP advises that Resolution No. 7905/09 dated 20 September 2011 of the Presidium of the RF Supreme Arbitration Court has been published following an application filed by the Federal Antimonopoly Service ("Russian FAS") for supervisory review of lower court acts regarding the legitimacy of tenders (auctions) conducted by the Forestry Office for the Moscow Region and the City of Moscow ("Mosleskhoz") for sale of the right to enter into forested area leases.

The long-awaited "Third Antimonopoly Package" – a comprehensive set of amendments to the Competition Law and associated legislative acts - was approved by the Government of the Russian Federation on June 28, 2011 and is now ready to be submitted to the State Duma. It is anticipated that the Third Antimonopoly Package will be adopted by this legislative authority and will come into force in autumn this year.

The Federal Arbitration Court of the Moscow Region delivers a remarkable decision on the Russia-Cyprus double tax treaty application

At present there are no specific transfer pricing regulations in Russia. However, articles 20 and 40 of the Russian Tax Code describe the related issues.

Warranties, Representations and Indemnities under the English law in Structuring Cross-Border M&A Transactions.

Warranties, Representations and Indemnities under the English law in Structuring Cross-Border M&A Transactions.

In the light of the legislative reform of 2006 the growing role of Federal Antitrust Service and antitrust proceedings impels to look at current antitrust regulations from a practical perspective. This article is aimed to describe the course of possible antitrust proceedings, both administrative and civil, civil claims in criminal proceedings, available appeals, remedies and the allocation of liability. The basic legal institutions are compared, where possible, to their counterparts existing in foreign substantive and procedural law.

On 19 February 2010 the State Duma adopted in a first reading draft law No. 305289-5 on transfer pricing. Officials from the Russian Ministry of Finance claim that the draft law will retain the current presumption on the compliance of contractual prices with the market price level. To what extent are these assertions consistent with the draft law?