Russia: Antitrust legislation and enforcement practice 2016/2017

26.04.2017

The amounts of potential fines for antitrust violations in Russia are being amended, mostly reduced, with effect from 28 April 2017. On 17 April 2017 a settlement was reached between the Russian federal antitrust authority and Google regarding Android mobile apps. These and other antitrust-related legislative and enforcement aspects for this and last year are highlighted in our Antitrust Report 2016/2017 for Russia.

In 2016 the Federal Antimonopoly Service (FAS) actively continued investigations and proceedings against both Russian and multinational companies such as Apple, Google and members of the 'shipping cartel'. One focus area was the pharmaceutical industry, with the Code of Good Practice in the Pharmaceutical Industry adopted in 2016 that provides guidance particularly on distribution relationships and adoption of commercial policies.

Legislative changes in 2016 comprise the so-called Fourth Antimonopoly Package, inter alia introducing a merger control filing requirement for joint ventures between competitors and the determination of competitors to include purchasing markets. Upcoming legislative changes or proposals for 2017 concern amendments to administrative fines for antitrust violations, with the fines being differentiated for various types of anti-competitive agreements, fines possibly being increased for making obstacles to FAS inspections and potentially corporate antitrust compliance measures being taken into account upon determination of a fine.

Activities in the competition sphere at the level of the Eurasian Economic Union included the investigation of Caterpillar, highlighting potential risks in case of unequal or restricted conditions for distribution arrangements in the member states of the Eurasian Economic Union.

More detailed information you can find in the attached report.