Lately, instead of a fine, the Russian Federal Antimonopoly Service (FAS) has started using the more stringent measure, namely orders, to transfer unlawfully gained income to the government purse. Let us find out what explains this practice and what it is founded on. 16.12.2024
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The field of public procurement has undergone large-scale changes on numerous occasions in the last few years. First, sets of amendments were adopted to optimise the field. These were followed by anti-COVID adjustments, while next came new amendments against the backdrop of sanctions. All the above served as a catalyst for reforming the industry. Currently, new amendments...
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Advertising in the Internet has been a matter of concern for market participants since September 2022, when the rules for keeping records of and labelling advertisements came into force1. The new rules were followed, in September 2023, by liability being introduced for a breach2. Moreover, the matter at issue now is not merely what the requirements...
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Using AI makes business more effective. However, it also increases the number of actual and potential disputes about violations of confidentiality and unfair competition, as well as breaches of laws on advertising. Currently, existing legal provisions are insufficient to ensure that state-of-the-art technologies are safely implemented and used. Let us...
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Different countries are searching for ways to safeguard competition in the field of e-commerce and reduce the risk of monopolisation. Russia is no exception. The recent trend is to shift from self-regulation of e-commerce to more stringent regulation. Let us consider one of the initiatives whereby bans and obligations for marketplaces are proposed to be introduced. 15.04.2024
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Pepeliaev Group advises that on 29 February 2024 a draft federal law was put before the State Duma which proposes removing from the Law on Protecting Competition the provisions that make possible identifying that a self-employed individual holds a dominant position, clarifying the procedure for identifying a monopolistically low price of a product and changing the procedure for...
Image by Freepik 19.03.2024
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Pepeliaev Group advises that on 28 February 2024 the State Duma adopted in the third reading Draft Law No. 553750-8 (the “Law”), which provides for a prohibition on advertising being placed on foreign agents’ resources, and on advertising of foreign agents’ resources being placed in the Russian media. 11.03.2024
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The business raises strict requirements for potential suppliers trying to bring to a minimum the risks of entering into a contract with a bad faith business partner. Yet, the customer of goods or services may turn out to be a bad faith actor itself when it makes the conditions for partners more stringent without a good reason. To establish the balance of interests and...
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Practice shows that the mechanism of imposing liability for a violation of advertising legislation in accordance with article 14.3 of the Russian Code of Administrative Offences can no longer fully perform its preventive function. Against this backdrop, the antitrust agency has revived an obligation to issue a retraction...
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Pepeliaev Group advises that on 18 October 2023 the draft law “On amending the Federal Law “On protecting competition” was published for public discussion on the federal portal of drafts of legal and regulatory instruments. 14.11.2023
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электронный выпуск журнала «Конкуренция и право» за 2024 г. доступен для чтения