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The VEGAS LEX law firm held a conference, with the participation of FAS Russia,
devoted to the problems of revealing and proving various types of
anticompetitive agreements.
On 24 October 2017, VEGAS
LEX held a conference on the topic “Anticompetitive
agreements: differentiation of constituents and practice in their application”,
with the participation of FAS Russia.
Alexandra
Vasyukhnova, VEGAS LEX
Partner, welcomed the conference participants, having noted that VEGAS LEX
has been working on similar projects since 2006 always in close cooperation
with economists and always insisting on analysis of the parties to agreements,
their motives and actions, effect of their actions and effect in case of abolition of alleged anticompetitive agreement.
Ksenia Podguzova, associate of VEGAS LEX Commercial practice, reminded the participants of the types of anticompetitive agreements (i.e. cartel agreements and "vertical" agreements, agreements
with public authorities, other prohibited agreements), differentiation of constituents and responsibilities, told
about potential problems related to imposition of punishment as well as pointed
out the problems arising in practice while qualifying the actions of market
participants.
Takhir Scherba, Head of the Fifth Department of the Anti-Cartel Bureau of FAS Russia at the beginning of his speech, cited statistics of
violations of Law No.135-FZ and progress of work relating to holding colluders liable as well as classification
of other anticompetitive agreements. Then he proceeded to the stages of investigation
of cartel cases by antimonopoly authority, told about the manner of proving and
examples of use of various forms of evidence. The expert noted that it was important
not to preclude the conduct of antimonopoly audits and called for constructive
dialogue and cooperation with representatives of business community in the
course of conducting them. He also told about prospects for development of cartel
legislation, specifically, what has yet to be finalized/improved.
Yulia Polyakova, associate of VEGAS LEX Commercial practice, explored the topic of
permissible and prohibited terms and conditions of "vertical" agreements in greater
detail on the
basis of case studies.
Anastasia Cheredova spoke about the content of other anticompetitive agreements under part of article of Law No.135-FZ as well as about the problems of qualification and differentiation
of various constituents.
Anastasia also referred to the practice of application of article 16
of the specified Law and provided
several case studies regarding the conclusion by business entities of
agreements on cooperation with public authorities. In conclusion, Anastasia spoke about
amendments made by the "fourth
antimonopoly package"
to article 17 of
Law No.135-FZ (anticompetitive
agreements with the involvement of the customer in procurement procedures) as
well as about the established approaches of courts.
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For more information on VEGAS LEX’s activities in antimonopoly regulation, please click here.