Antimonopoly Compliance to be Included in the 5th Antimonopoly Package

25 november 2015

During the Round Table ‘Antimonopoly Compliance: Current Practices and Prospects of Development’ which took place at the Analytical Center representatives of executive authorities, expert and business communities discussed the viability and the possible design of the definition and features of antimonopoly compliance, requirements which can be operated upon its content and procedures, the possible basis for sanctions’ easing.

Experts noted that the tightening of administrative and penal sanctions for antimonopoly violations in Russia increased the motivation of implementing special measures to prevent and decrease the violations’ occurrence probability – so-called antimonopoly compliance, in market-dominating companies. However, the necessity in securing it in Russian legal environment remains under debates.

According to Tatiana Radchenko, the Head of the Department for Competition Policy of the Analytical Center for the Government of the Russian Federation, antimonopoly compliance may become a tool for cutting antimonopoly risks. ‘This issue was being under discussion by experts for a long time. Foreign practices differ in different countries. The European Commission pointed out several times that this document's program was of importance, but the Commission did not consider them in trials of the penalties’ imposition,' according to the expert.

Andrey Tsyganov, the Deputy Head of the Federal Antimonopoly Service of Russian (FAS), noted that the term ‘antimonopoly compliance’ appeared 3-4 years ago, and now it is one of the key issues of the FAS’s strategy; the theme is being widely discussed, data are being collected. The parallel work with the International Chamber of Commerce is being operated. According to Mr Tsyganov, antimonopoly compliance implementation is highly advantageous for the inner management, as it reveals at early stages and prevents antimonopoly violations. ‘If antimonopoly compliance implementation in the corporate culture was enough or the state needed to take measures to ease the law to cut companies’ and legal bodies’ responsibilities, and not only advocated the process – this is the issue to solve,’ said the official.

‘Being an antimonopoly body antimonopoly compliance not only prevents violation at the early stage but also makes companies pursue real law compliance and ease pressure on department agencies and courts,’ considers Vitaly Dianov, the Head of Group, Competition and Antitrust Practice, Goltsblat BLP. From the point of view of the business antimonopoly compliance is aimed at revealing and minimizing risks of antimonopoly bans’ violations, operating business in accordance with ethics, and preventing damages for the reputation and possibilities for easing or avoiding administrative sanctions, according to the expert.

Experts are sure that antimonopoly compliance should be included in the 5th Antimonopoly Package.