Antimonopoly legislation support

The experts of Prime legal LLC law firm provide legal support of projects, which are belonged to the sphere of regulation of the antimonopoly legislation of the Russian Federation (RF). Our specialists will analyze terms and conditions of your transaction, and determine whether your company has to apply to the Federal Antimonopoly Service (FAS) for receiving preliminary FAS approval or to make a subsequent notification to the FAS.

Application to the FAS. Notification to the FAS

The Federal Law 135-FZ dated July 26, 2006 "On Protection of Competition" and subordinate legislation regulates relations which are communicated with protection of competition, including prevention and suppression of monopolistic activity and unfair competition. This act is intended for development of antimonopoly legislation and substitutes for the old Law № 948-1 of the RSFSR dates March 22, 1991 “On Competition and Restriction of Monopolistic Activity on Commodity Markets” and the Federal Law 117-FZ dated June 23, 1999 “About Protection of Competition on Financial Services Markets”. Chapter 7 of the Law “On Competition” consists a list of actions that can be executed after preliminary FAS approval or should be followed by a subsequent notification to the FAS.

The following deals can be made on prior consent:

• Establishment and reorganization of commercial companies (in the cases stipulated in the article 27 of the Law "On Competition")
• Transactions with stocks (shares) and assets of commercial companies (in the cases stipulated in the article 28 of the Law "On Competition")
• Transactions with stock (shares) and assets of financial organizations (in the cases stipulated in the article 29 of the Law "On Competition")

The subsequent notification to the FAS is required:

1. At conclusion of the deal or commission of any other action, that the antimonopoly authorities should be informed about (in cases stipulated in the article 30 of the Law "On Competition")
2. In cases provided by art.29 of the Law "Of Competition"

Liability for breach of antimonopoly legislation

In accordance with the article 19.8 of the Code of the RF “On Administrative offences”, failure to submit applications or notifications to the antimonopoly authorities, or submission of applications or notifications (notices) containing deliberately false information, as well as breach of the order and terms of submitting applications or notifications, provided by the antimonopoly laws, are fined by administrative penalty:

• for a official – from thirty up to fifty minimum wages (from 3,000 to 5,000 rubles)
• for a legal entity – from one thousand up to five thousand minimum wages (from 100,000 up to 500,000 rubles)