Antitrust certificates (visas)

Federal Antimonopoly Service of the Russian Federation (FAS)

Main article: Federal Antimonopoly Service of the Russian Federation (FAS)

2021: FAS introduces "antitrust visas" to protect companies from conspiracy charges

On July 8, 2021, it became known that the Federal Antimonopoly Service (FAS) allowed Russian companies to use antitrust certificates in case of controversial situations. They are designed to protect businesses from accusations of market dominance or collusion.

This is written by Vedomosti with reference to the FAS explanatory document entitled "On the system of internal compliance with the requirements of antitrust legislation." It says that if the FAS approves the company's internal corporate procedures, it will not be recognized as a violator, even if such a suspicion arises. Provided that the business proves that its actions in one or another disputed situation corresponded to the procedure certified by the regulator.

FAS introduces "antitrust visas" to protect companies from conspiracy charges

For example, a dominant company in the market with a certificate can win an antitrust dispute with suppliers who were denied contracts, Denis Gavrilov, adviser to the Egorov, Puginsky, Afanasyev and Partners law office, explained to the publication.

If the company violates compliance acts, it will be responsible, explained in the FAS. The service discussed clarifications with experts and business representatives.

At the end of 2020, the law "On Protection of Competition" was amended, which provided for the option of business certification of its corporate procedures for compliance with antitrust laws - the so-called antitrust compliance. Such certificates are issued to companies by the antimonopoly service after analyzing their internal rules - interaction with suppliers, principles of correspondence and others. However, until July 2021, the issue of the practical application of such certificates was open, their presence gave the company nothing, except a positive image in the eyes of^[1] regulator^[2]

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