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FAS has drafted a bill on compensations instead of reimbursements on antimonopoly legislation violation

Yaroslav Kulik has participated in discussion organized by FAS on the Analytical center of Government forum. The elaborated by FAS bill implies amendments to the article 37 of the Federal Law 135- FX dated 26 July, 2006 «About supporting competition» which implies statements on remedies use for antimonopoly legislation violation. It is supposed that people whose interests were disserved as a result of antimonopoly legislation violation are able to claim instead of reimbursement the 1-5% of the item cost that was sold with antimonopoly legislation violation. The reimbursement depends on court hearing decision.

The following bill goes to FAS and represents «The competition support and antimonopoly competition improvement» road map approved by the Government in 2012. Nevertheless such an approach as well as amendments were  not adopted by the majority of participants. In particular the necessary amendments were proposed:

  1. to determine entities able to set up a claim;
  2. to determine and substantiate the following decision; and determine weather it is necessary to prove loses;
  3. to determine the scope of antimonopoly regulation violations according to which a person affected may claim compensation instead of reimbursement including cases of compensation claim of unrealized goods;
  4. to determine the conditions of compensation claim: cost of goods, works, services carried out in terms of antimonopoly regulations;
  5. to avoid cases of imposing costs or its cost on respondent;
  6. to avoid cases of several types of public responsibilities application.

It is remarkable that the FAS initiative was criticized by particular participants of discussion and was called as «unacceptable».

During the duly constituted meeting Yaroslav Kulik has also talked about the status of working party that monitors the road map, in particular, about the conditions of readiness of the federal law. The project is expected to be ready by October 2014 in order to be approved by the Government.