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06.10.2015 — Long-Awaited Fourth Antimonopoly Package Approved by President

Russian President Vladimir Putin approved amendments to the law On the protection of competition and to a number of competition-related laws, i.e. the so-called fourth antimonopoly package. These amendments were  passed by the State Duma on September 22 and  approved by the Federation Council on September 30, 2015. The fourth antimonopoly package substantially reduces administrative barriers for business representatives and also reduces state participation in economic activity. Among other things, the new amendments prohibit unfair competition connected with the substitution or use of a similar trade mark, as well as with dissemination of false, inaccurate or corrupt information. Most of the amendments come into force in January 2016 (within 90 days as of their official publication).

Russian President Vladimir Putin approved amendments to the law “On the protection of competition” and to a number of competition-related laws, i.e. the so-called ‘fourth antimonopoly package’. The fourth antimonopoly package substantially reduces both, administrative barriers for business representatives and state participation in economic activity.

Most importantly, these amendments include a new section into the Law on the protection of competition, which sets forth a list of activities considered to be not only immoral, but also unlawful. Among other things, the law prohibits unfair competition through defamation, i.e. dissemination of false, inaccurate or corrupt information, which can harm the person’s good will. Such information can, for example, comprise data on the quality of the goods and their usefulness to consumers. The law also prohibits unfair competition though the use of someone else’s intellectual property, substitution or use of a similar trade mark, as well as unlawful receipt and dissemination of confidential information.

The law provides for the creation of a collegial body within the Federal antimonopoly service, which will be empowered to hear appeals from the decisions and instructions of local antimonopoly authorities.

Moreover, the new law amends the Russian Administrative Code. Thus, the fine imposed on a state authority official for actions resulting in restriction of competition and freedom of economic activity has been increased up to RUB 50.000. If, however, the said official has been previously fined for a similar administrative offence, she may face a three-year disqualification.

The new law imposes administrative liability for the violation of bidding procedures, sale of state or municipal property, conclusion of contracts as a result of the bidding. At the same time the law mitigates administrative liability imposed on persons assisting in the investigation of a competition law offence.