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Информационный обзор практики Антимонопольного регулирования (15 августа - 30 сентября, 2013)

FAS Russia advocates an auction procedure for the sale of marine biological resources.

The Federal Antimonopoly Service (FAS Russia) has pointed out the need to organize auction marketplaces for the sale of marine biological resources on the internal and external markets. FAS Russia also advocates the review of the existing historical principles of distribution of the fishing quotas among economic entities. The authority is planning to work out a joint position on these issues with the Ministry of Agriculture of the Russian Federation during the next two to three months.

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FAS Russia will control relations in the construction and real estate sectors.

The Commission of the Government of the Russian Federation on legislative drafting activity has approved amendments to the Federal Law 135-FZ “On Protection of Competition” (26 July 2006) (also known as the Competition Law) and other competition-related laws. The draft law stipulates the administrative procedures for FAS Russia to consider complaints arising from the violation by public authorities of their powers in the areas of construction and land relations.

In the opinion of the ART DE LEX Competition Law Team, the adoption of these initiatives will favor an effective allocation and elimination of administrative barriers, and eventually will have a positive effect on the investment attractiveness of infrastructure construction projects in Russia.

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FAS Russia reviews the code of behavior for automobile producers and dealers.

In August 2013 the Federal Antimonopoly Service examined the code of behavior for automobile producers and the dealers the prepared by the Association of the European Business. The code seeks to prevent discriminating practices by auto producers with respect to the sale of automobiles and repair parts to the dealer centers and service centers.

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Antimonopoly service finishes its examination of the cartel case about the pangasius market.

On 6 September 2013 the Federal Antimonopoly Service (FAS Russia) finished the examination of the cartel case concerning the wholesale market in pangasius product from Vietnam to Russia. The actions of the “Association of the Manufacturing and Trade Enterprises of the Fish Market” (hereinafter the “Association”), a non-commercial organization, and of the leading Russian fishing companies presented evidence of the violation of cartel prohibition, which led or could have led to the establishment and maintenance of the prices, and could have affected the volume of buying and selling of the goods in the pangasius fillet market. There also was evidence that the Association was conducting the unlawful coordination of the economic activity of economic entities.

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The Expert Council reviews parallel import legalization.

At its meeting on 26 August 2013, the Expert Council discussed the positive and negative consequences of parallel import legalization, which has been approved generally by the Federal Antimonopoly Service.

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