Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

Pursuant to Section 12 of the Act, vertical agreements between undertakings are permitted where the share of each economic entity on the market of goods that is subject to the agreement does not exceed 20%. Horizontal agreements between non-dominant undertakings are also permitted where the total revenue of the parties derived from sale of goods over the last calendar year does not exceed RUB 400  …

Exemptions

  Sections 11 and 12 prohibit all agreements or concerted actions of economic entities that result or may result in restricting competition. This prohibition includes horizontal agreements between competing economic entities (cartels), vertical agreements or any other agreements that lessen competition on the market. The term “cartel” encompasses any unlawful agreement between competitors in the market envisaged in the non-comprehensive list of absolute prohibitions introduced by the Third Antimonopoly Package of December 2011. It may consist in fixing or maintaining prices; dividing the goods market according to geographic principle or quantity of sales; increasing, reducing or maintaining prices in the course of competitive bidding; reducing production of the goods; refusing to conclude contracts with particular sellers or buyers. The Fourth Antimonopoly Package of October 2015 amended the definition of competing undertakings for the prohibition of cartels to cover not only undertakings which sell goods on the same market, but also those which purchase goods on the same market. Cartels are unlawful per se and there is no need to prove their negative impact on competition. With regard to vertical agreements it is forbidden to fix reselling prices, except if the seller fixes the maximum reselling price of the goods for a buyer, or to preclude buyers from selling the goods of an economic entity that is a competitor of the seller.

The prohibition

Pursuant to Section 12 of the Act, vertical agreements between undertakings are permitted where the share of each economic entity on the market of goods that is subject to the agreement does not exceed 20%. Horizontal agreements between non-dominant undertakings are also permitted where the total revenue of the parties derived from sale of goods over the last calendar year does not exceed RUB 400 million (US$ 6.6 million).

In addition, under Section 13, restrictive agreements and concerted actions may be recognized as permissible where they do not create the opportunity to eliminate competition in the relevant goods market, do not impose restrictions upon third parties, and also where they result or may result in:

  - perfection of production, sale of goods or stimulation of technical, economic progress or rising the competitive capacity of Russian goods in the world market;

  - benefits for consumers which are proportionate to the benefits obtained by the economic entities.

The Government of the Russian Federation has the right to determine the cases where agreements and concerted practices meeting the conditions stated above are authorized. General exemptions are defined by the Government of the Russian Federation on proposal of the FAS. No possibility to apply for an individual exemption for such practices is available.

Finally, some but not all intra-group agreements are exempted from the prohibitions established for anticompetitive agreements and actions.

Global Competition Law

1196. Exemptions

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Les notions juridiques connexes

1196. Exemptions

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise