Federal Antimonopoly Service of the FAS RF
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The Federal Antimonopoly Service (FAS Russia) is an authorized federal executive body that performs the functions of adopting regulatory legal acts, monitoring and overseeing compliance with legislation in the field of competition in commodity markets, protecting competition in the financial services market, the activities of natural monopolies and advertising.
In addition, the FAS Russia monitors compliance with the legislation on placing orders for the supply of goods, the performance of work, the provision of services for state and municipal needs, and performs the functions of monitoring the implementation of foreign investments in the Russian Federation. The Federal Antimonopoly Service was created in accordance with Decree of the President of Russia No. 314 of March 9, 2004. The Regulation on the Federal Antimonopoly Service was adopted by the Government of Russia on July 29, 2004. The FAS of Russia is a federal executive body managed by the Government of the Russian Federation.
History
2024
Dismissal of FAS Deputy Head Pyotr Ivanov
At the end of August 2024, Pyotr Ivanov was relieved of his post as deputy head of the Federal Antimonopoly Service (FAS) of Russia. In this department, Ivanov oversaw the work of four departments. Read more here.
The head of the FAS spoke about the digitalization of the department
On June 18, 2024, the head of the Federal Antimonopoly Service (FAS) of Russia Maxim Shaskolsky reported to the Deputy Prime Minister of the Russian Federation - Government Chief of Staff Dmitry Grigorenko on the digitalization of the department. We are talking, in particular, about the introduction of GIS "Antikartel" based on artificial intelligence.
The Antikartel platform includes automated trading analysis on a daily basis and a risk-oriented approach, as well as integration with other information systems and databases of authorities and companies. According to Shaskolsky, the system will ensure significant budget savings due to the cartelization of state and municipal procurement and the creation of competitive conditions for bidders.
The head of the FAS pointed out the need to improve the effectiveness of antimonopoly regulation, including by excluding antimonopoly immunities from the Federal Law "On Protection of Competition." In addition, the service provides methodological support for reform and antimonopoly control in the field of unitary enterprises. So, in 2019-2023, their number decreased by 42%.
Shaskolsky also noted that the FAS Russia has accumulated significant experience in the field of antitrust regulation and law enforcement in digital markets. The cases against Apple, Google, Booking and other companies are mentioned. In turn, Grigorenko stressed that the FAS needs to continue digitalization. One of the key areas of work is the creation of a national system of price market indicators.
 | The service is facing new global challenges. One of these is the digitalization of the economy. She demanded to promptly adapt the current regulation to new realities. But change is happening all the time. To quickly respond to them, the department must continue to further digitize workflows. This will make it possible to continuously improve the antimonopoly policy, and in the future - to transfer control to an automated mode, - said Grigorenko.[1] |  |
2023: FAS reduced annual transfers to the budget to 6.4 billion rubles
In 2023, the Federal Antimonopoly Service (FAS) of Russia sent approximately 6.4 billion rubles to the budget. For comparison, a year earlier this figure was about 7.51 billion rubles. Thus, a decrease of about 15% was recorded. Such data are given in the materials of the department, published on June 28, 2024.
In the conclusion of the Accounts Chamber of the Russian Federation, it is said that the cash execution of the federal budget of the FAS for revenues for 2023 amounted to 6.398 billion rubles. This is 44.96% more than the initial forecast of 4.41 billion rubles. Compared to the updated forecast published in April 2023 (5.13 billion rubles), the growth was 24.75%.
The overfulfilling of the forecast is primarily due to the receipt of monetary penalties (fines), which accounted for about 80% of all income. In particular, administrative fines established by Chapter 14 of the Code of Administrative Offenses (Code of Administrative Offenses of the Russian Federation) for offenses in the field of entrepreneurial activity and the activities of self-regulatory organizations accounted for 2.027 billion rubles. That's nearly double the initial estimate. Another 1.91 billion rubles were provided by administrative fines established by Chapter 9 of the Administrative Code for administrative offenses in industry, construction and power (fines for violation of the rules of non-discriminatory access, the procedure for connection and technical connection). A 1.8-fold increase was recorded in relation to the forecast value.
It is also said that in 2023 money was received in the amount of 10.8 million rubles for fines issued in previous periods. Other revenues from compensation for federal budget costs amounted to 484.2 million rubles. At the same time, the expenses were fulfilled by the department at the level of 99%, or about 13.7 billion rubles.[2]
2022
Exceeding the income plan by 251% (RUB 7.51 billion)
In 2022, revenues from the Federal Antimonopoly Service (FAS) amounted to 7.51 billion rubles, which is 251% higher than the initial targets. The department's expenses reached 6.8 billion rubles, or 99.1% of the increased limits of budget obligations. This is stated in the conclusion of the Accounts Chamber (JV) on the results of an external audit of the implementation of the Federal Law "On the Federal Budget for 2022 and the Planning Period of 2023 and 2024" and budget reports on the execution of the federal budget for 2022 in the FAS.
According to the document, the costs of implementing the measures of the state program "Economic Development and Innovative Economy," co-executed by the FAS, were fulfilled in the amount of 4.97 billion rubles (almost 100% of the increased limits of budget obligations under the state program for 2022).
The largest amount in the FAS income fell on administrative fines for abuse of a dominant position in the commodity market - 2.85 billion rubles (648.6% of the initial forecast) and for administrative fines for concluding a competition-limiting agreement - 1.63 billion rubles (213.1% of the initial forecast).
Also in 2022, the FAS received fines issued in the amount of 1.36 billion rubles, as well as penalties, penalties and other fines in the amount of 549.5 million rubles. Another 283.314 million rubles were received through compensation for federal budget costs in the amount of 283.3 million rubles, due to the return of funds to budget revenue - 281.3 million rubles under the state contract.
The conclusion of the joint venture also states that the FAS receivables on income for 2022 increased by 23.96 billion rubles and amounted to 36.54 billion rubles. Cash execution of expenses amounted to 6.76 billion rubles, or 99.1% of the limits of budget obligations.
Russia and China agree on joint antitrust regulation of the IT industry
In February 2022, Russia and China agreed on joint antitrust regulation in the IT industry. The corresponding document on behalf of the government of their countries was signed by the head of FASMaxime Shaskolsky and the Minister of the Main State Administration for Market Control and Regulation of the PRC Zhang Gong. Read more here.
2021: Introduction of "antitrust visas" to protect companies from collusion charges
On July 8, 2021, it became known that the Federal Antimonopoly Service (FAS) allowed Russian companies to use antimonopoly certificates in the event of controversial situations. They are designed to protect businesses from accusations of market dominance or collusion. Read more here.
2020
Appointment of Maxim Shaskolsky to the post of head of the FAS
On November 11, 2020, Prime Minister RFMikhail Mishustin appointed Maxim Shaskolsky as head of the Federal Antimonopoly Service (FAS). Prior to that, he served as vice-governor of St. Petersburg, where he oversaw issues of power and tariff regulation. He coordinated the activities of the city's committees on tariffs, power and engineering. Read more here.
Anatoly Golomolzin, curator of IT and telecom, resigned from the FAS
In July 2020, Anatoly Nikolaevich Golomolzin left. FAS Russia The corresponding order was signed by the Prime Minister. Mikhail Mishustin The head of government dismissed the deputy head of the Federal Antimonopoly Service at his own request, the government said. More. here
2019: FAS fined Johnson & Johnson 200 thousand rubles
On April 9, 2019, the Federal Antimonopoly Service (FAS) of the Russian Federation fined the Russian structure of Johnson & Johnson 200 thousand rubles for improper television advertising of the drug Hexoral. Read more here.
2018: New FAS deputy head - Mikhail Evraev
On November 29, 2018, the FAS Russia announced the appointment of Mikhail Evraev to the post of deputy head of the department. Read more here.
IT incidents
2022: Yandex will allocate 1.5 billion rubles to promote Russian software on the Internet as part of an amicable agreement with the FAS
Yandex will transfer 1.5 billion rubles to the Russian Information Technology Development Fund (RFRIT), the funds will be used to promote Russian software products on the Internet. This was announced on January 19, 2022 by the Federal Antimonopoly Service (FAS). The transfer of funds is planned as part of the conclusion of a settlement agreement in the trial and the termination of the antimonopoly case between the FAS, Yandex and the applicants in the case - companies that previously complained about Yandex's abuse of the dominant position in search results. Read more here.
2021: FAS opened a case against Yandex
On April 13, 2021, it became known that the FAS opened a case against him, Yandex who did not comply with the antimonopoly authority's warning to stop creating discriminatory conditions in the search market on the network. " Internet More. here
2019
FAS recognized VimpelCom, MTS and Tele2 as violators of antimonopoly legislation
On May 15, 2019, it became known that the Federal Antimonopoly Service (FAS) recognized mobile operators Mobile Telesystems (MTS), VimpelCom and T2 Mobile as violators of the Law on Protection of Competition. We are talking about the establishment of discriminatory conditions when forming tariffs for SMS mailings for state and commercial organizations that put consumers in an unequal position. Read more here.
FAS fined Tele2 250 thousand rubles.
On April 10, 2019, it became known that the FAS fined Tele2 250 thousand rubles. for violation of the Law on the Protection of Competition. Read more here.
2018
FAS found the Committee for Informatization and Communications of St. Petersburg guilty of concluding transactions without bidding
On November 9, 2018, it became known that Federal Antimonopoly Service (FAS) discovered that (Committee for Informatization and Communications of St. Petersburg CIS) had concluded St. Petersburg Information and Analytical Center contracts with the State Unitary Enterprise "" (IAC) with a total value of about 500 million rubles. without bidding. At the same time, the contractor did not have any powers that would allow him to conclude contracts without a tender - the customer simply created exceptional conditions for him, they said. CNews
We are talking about two contracts. One of them is for the provision of services for the operation, maintenance and development of GIS Integrated system "information and analytical support of activities" in executive bodies of state power St. Petersburg 2018. The contract amount amounted to more than 181.8 million rubles.
The second contract was signed for the provision of services for the operation, maintenance and development of the "Interdepartmental Automated Information System for the Provision of State and Municipal Services in St. Petersburg in Electronic Form" in 2018. The contract price is slightly less than 315.5 million rubles.
Both cases were considered by the St. Petersburg OFAS, which in both cases found the CIS guilty of committing a violation. The antimonopoly authority issued an order to the committee to carry out actions necessary to ensure competition.
Other cases against CIS
At the same time, the St. Petersburg OFAS considered two more cases, the subject of which was also the conclusion of contracts between the CIS and the IAC without bidding. In one case, it was a contract for the provision of services for the implementation of work on mobilization training and maintenance of the system. " Safe City The subject of another contract was the provision of services for the provision of computing power of the regional distribution, under the DPC state agencies St. Petersburg jurisdiction of the IAC.
However, in these cases, the FAS concluded that the IAC had the authority to carry out work and provide services that became the subject of contracts. In this regard, both cases were dismissed due to the lack of violations.
Question history
This is not the first time the FAS has accused the CIS and the IAC of concluding contracts without bidding. In 2017, the department found that the parties similarly concluded seven contracts with a total value of more than 540 million rubles. The complaint to the FAS was filed by the Autonomous Non-Profit Organization "Center for Anti-Corruption Research and Initiatives" Transparency International-R. "" FAS ordered to terminate all concluded contracts and hold open tenders on them. The CIS appealed this decision in court, but in April 2018. The Arbitration Court of St. Petersburg and the Leningrad Region confirmed the legality of the FAS order[3]
FAS fined Rostelecom and Technoserv 72 million rubles for the cartel at the auction
Novgorod OFAS Russia found PJSC "" and Rostelecom AS LLC Technoserv guilty of cartel conspiracy when participating in a competition for the creation of a complex for automatic recording of traffic violations, the FAS said in a statement on November 8, 2018. As a result, the department imposed a fine on the company in the amount of 72 million, rubles of which Rostelecom must pay 60 million rubles, and TechnoServ AS - 12 million rubles. The decision of the antimonopoly authority was supported by the courts of first and appellate instance.
As noted, bidding in the amount of more than 730 million rubles with the participation of Rostelecom and Technoserv was held in the Novgorod region.
| | The current legislation provides for significant fines for cartels. This is due to their high public danger. The fines imposed are a fair penalty for violation. At the same time, taking into account the amount of income received by the defendants, we count on bringing the cartel participants to criminal responsibility, "said Andrei Tenishev, head of the Anti-Cartel Department.[4] | |
CNews Rostelecom responded to the request that as of November 8, the company's specialists are studying the FAS materials, after which a decision will be made on further actions, for example, whether Rostelecom will challenge this decision. Representatives of Technoserv replied that they did not comment on this situation.[5]
2017
KIS and IAC of St. Petersburg were convicted of concluding 7 contracts for 540 million rubles. without bidding
In 2017, the Federal Antimonopoly Service (FAS) revealed that the Committee for Informatization and Communications (CIS) and the State Unitary Enterprise "St. Petersburg Information and Analytical Center" concluded a total of seven contracts without bidding for a total value of more than 540 million rubles.
Thus, one of the contracts was concluded for the provision of services for the provision of computing power of the distributed DPC state agencies St. Petersburg regional in the first half of 2017. The contract value amounted to almost 134 million rubles.
The second contract worth about 192 million rubles. related to the implementation of work on the operation, maintenance and development of the "Interdepartmental Automated Information System for the Provision of State and Municipal Services in St. Petersburg in Electronic Form" in 2017.
The third contract worth 62.5 million rubles. was concluded for the operation, maintenance and development of the GIS "Integrated System of Information and Analytical Support of the Activities of the Executive Bodies of State Power of St. Petersburg" in 2017.
The fourth contract discussed the provision of services for the operation of the automated system of the Center for Operational Management of Information Security "Safe City" in 2017. The contract value amounted to about 38.8 million rubles.
The subject of the fifth contract was the performance of work on the operation, maintenance and development of the GIS "System of interdepartmental electronic interaction of St. Petersburg" in 2017. The contract amount exceeded 52 million rubles.
Another contract worth about 26 million rubles. was concluded for the operation, maintenance and development of the GIS of state bodies of St. Petersburg "Register of State Information Systems of St. Petersburg" in 2017.
The seventh contract was concluded for the provision of services for the operation and maintenance of the Certification Center of the executive bodies of state power of St. Petersburg, as well as ensuring the use of electronic signature and encryption of information in the city's GIS in 2017. The contract value exceeded 42.5 million rubles.
FAS revealed a cartel conspiracy of suppliers of equipment for state automated system "Vybory"
The Commission Federal Antimonopoly Service Russia recognized suppliers of equipment for State Automated System of the Russian Federation "Vybory" violating antitrust laws. According to a statement published on August 24 on the FAS website, companies face negotiable fines for cartel collusion in the amount of 10% to 50% of the initial maximum contract price (according to part 2 of article 14.32 of the Administrative Code).[6]
Thus, "Aquarius Production Company" CROC Incorporated they were found to have violated paragraph 2 of part 1 of article 11 of the Law on Protection of Competition. During the consideration of the case, it turned out that the companies entered into an agreement, which ultimately led to the maintenance of prices at open tenders for the provision of technical support services for the software and hardware complex of the allocated segment DPC of the city for Moscow the needs of the GBU, "Information City" as well as for the provision of services for the system support of the information and computing system. Rosstat
The FAS also found that a group of persons from the Production Company Aquarius and the National Computer Corporation, as well as Business Computers Group and AMI-Network, entered into an anti-competitive agreement, which led to the maintenance of prices at an open auction in electronic form for the supply of system units for complexes of automation of regional fragments of State Automated System Vybory for the needs of the Federal Center for Informatization under the Central Election Commission of the Russian Federation. The economic activity of these companies was coordinated by CJSC Hewlett Packard A.O., as a result of which it was also found to have violated part 5 of article 11 of the Law on Protection of Competition (part 5 of article 14.32 of the Administrative Code).
In addition, Production Company Aquarius and Superwave Group entered into an anti-competitive agreement, which led to the maintenance of the price of the reduction unit for the supply of office, network equipment, Hewlett Packard equipment, licenses and services for installing and configuring equipment for Norilsk Nickel - General Service Center, and participated in it (paragraph 2 of part 1 of Article 11 of the Law on Protection of Competition).
The consideration of the case against CROC Incorporated and SuperWave Group on grounds of participation in the cartel as part of electronic auction No. 0348100010516000017, Craft Corporation PLC, Lenovo (Eastern Europe/Asia), HP Inc was terminated due to lack of violation of antitrust laws.
| | We carefully studied all the case materials, conducted a thorough analysis to make a balanced decision. There were many episodes, and we tried at the decision-making stage to weed out those issues that raised our doubts. I am sure this case is not the last in a series of investigations of cartel collusion at the auction for the supply of equipment for state needs, "commented State Secretary - Deputy Head of the FAS Russia Andrei Tsarikovsky. | |
The decision and materials on the case will be sent to the Federal Security Service and the Federal Tax Service.
FAS spent tens of millions on IT in violation of the law
The Federal Antimonopoly Service (FAS) violates the law by disposing of public funds. In particular, in 2016, the department spent funds on informatization activities, when the informatization plan for 2016-2018. has not yet been approved. In total, p26.15 million were spent in this way. The Accounts Chamber came to this conclusion during the audit of the FAS[7].
A similar situation was observed in 2015, when the FAS financed informatization activities in the amount of p197.8 million, without an approved informatization plan for 2015-2017.
As a result of the audit, the Accounts Chamber will send a number of documents to the relevant departments - to the Federal Assembly, the Prosecutor General's Office, the Federal Treasury and the Federal Tax Service.
Violations in the information and technical center of the FAS
Violations were also revealed in the work of the IT structure of the department - FBU "Information and Technical Center of the FAS Russia." The center, created in 2012, is engaged in ensuring the work of the FAS. In 2016, the department did not approve the procedure for drawing up and approving a plan for the financial and economic activities of the center. Also, the FAS did not approve the procedure for compiling and approving a report on the results of the FBU's activities, and on how the center disposes of the state property provided to it. The listed actions are considered by the Accounts Chamber as a violation of the law "On non-profit organizations."
In addition, the FAS itself and its information and technical center violated the law in 2016 when making purchases, starting with the choice of suppliers/contractors and ending with the implementation of government contracts. Flaws were found in the procurement documentation - there are no lot numbers, units of measurement, product requirements, etc. The initial prices for goods are justified without observing the law "On the contract system."
Waste of budget funds and property
In 2016, with the approval of the FAS, its information and technical center concluded three agreements for the placement of mobile radiotelephone base stations. For this, part of the roof of the building, which is the property of the state, was allocated. At the same time, consent was not received from the owner, which is considered by the Accounts Chamber as a violation of the Civil Code. Income from contracts came to the information and technical center, which is why the federal budget received less than p1.61 million.
In addition, in 2016, the FAS information and technical center spent budget funds for other purposes. In particular, the deputy director of the center unreasonably received compensation for refusing official cars in the amount of p1.13 million. The payment was made from a subsidy for the fulfillment of the state assignment. In addition, during the year the center was engaged in voluntary car insurance in the amount of p1.62 million.
2010
In July 2010, the website of the Federal Antimonopoly Service (FAS) worked intermittently, shutting down several times during the day. The problems began on July 24, officials cite the failures at the substation caused by abnormally hot weather in Moscow as the reason for this. Due to overheating, electricity is cut off at the substation and, as a result, all servers installed in the central office of the department. In total, more than 30 servers are installed in this department of the department. In addition to the website, government officials also note malfunctions in the electronic document management and e-mail system.
FAS calls the culprit not directly the energy company, but the serving substation of FSUE FT-Center. As the representative of the federal service Ivan Zavgorodnev explained, the operational work at the substation is usually carried out by electricians from an outsourcing company with which FT-Center has an agreement. At the same time, work in this area is allowed to be carried out only by specialists admitted by Rostekhnadzor.
According to Zavgorodniy, the FT-Center of the FAS said that the electrician authorized to carry out work at the substation is now on vacation. FAS specialists are trying to solve the problem on their own. At the time of publication of the text, the FAS website was working, however, according to CNews in the department, it is too early to talk about a complete restoration, since "it is not known whether the electricity will turn off again in 5 minutes."
Notes
- ↑ Dmitry Grigorenko held a working meeting with the leadership of the FAS Russia
- ↑ FAS in 2023 transferred 6.4 billion rubles to the budget.
- ↑ St. Petersburg officials bypassing all the rules spent half a billion on IT
- ↑ CARTEL PARTICIPANTS WERE FINED MORE THAN 70 MILLION AT THE AUCTION TO CREATE A SYSTEM FOR FIXING TRAFFIC VIOLATIONS
- ↑ Rostelecom and Technoserv are caught in collusion. 70 million fine issued
- ↑ FAS established a cartel conspiracy of suppliers of equipment for state needs
- ↑ FAS spent tens of millions on IT in violation of the law
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