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The partners and heads of practices of Art de Lex took part in the V annual conference «Antitrust regulation in Russia»


It is hard to underestimate range and importance of this event: the annual conference is the unique platform, within the framework of which the largest representatives of business community, Federal Antitrust Service and lawyers, practicing in the area of antitrust regulation, can determine the most important issues of competition regulation.

The central topic of the conference was the 4th package of amendments into antitrust legislation (so called the 4th antitrust package).

Igor Artemiev, the head of the Federal Antitrust Service, gave publicity to antitrust department position, embodied in the 4th antitrust package and which was come to the antitrust legislation liberalization and to the orientation toward business community.

The work on antitrust legislation reformation is carried out with direct assistance for the process of Non-commercial partnership «Competition Support», and this fact in its turn predetermined orientation of the future amendments for the market and its participants, managing subjects.

So, in the 4th antitrust package considerable expansion of notification and warning institutes application; exception of prohibition, which does not lead to competition restriction in the market, for abuse of domination position in relation to interests of private individuals who does not carry on business; realization of long-pending refusal of notifications about economic concentration bargains; exception of cases of simultaneous imposition of turnover-based fines in accordance with Codex of Administrative Violations of the Law; and issuing of prescriptions of income, unlawfully obtained as a result of infringement of antitrust legislation; and also other amendments are intended.

Within the framework of single conference session the issue of private lawsuit institute, appeared in the USA law, which plays a significant part in contemporary antitrust law in developed counties, was discussed. It serves not only as private person interests defense, but also as a mean for succeeding in antitrust policy, because it is limiting factor for those, who breaks antitrust law. Within the framework of the session the question was discussed about to what extent these lawsuits were permissible in our law, and what was needed to be changed in the legislation and judicial practice for participants to be able to use all potential of the institute to the full extent.

Yaroslav Kulick, the head of Competition Practice Art de Lex, performed his report.
Also Yaroslav Kulick appear as moderator of «Antitrust regulation: consumer and competition defense» session, in the framework of which the issue of right defense by antitrust authorities private individuals, who had suffered from competition defense legislation infringement by unconscientious managing subjects, was discussed.