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Puzyrevskiy: The level of state participation in the economy should reduce

Staff writer |
The Antimonopoly Forum of the Corporate Counsel Association, organized with support of the Federal Antimonopoly Service (FAS Russia), the Head of FAS Legal Department, Sergey Puzyrevskiy, outlined the main areas of FAS work in the field of antimonopoly risk management.

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According to Puzyrevskiy, the forth antimonopoly package in general is aimed at reducing the level of state intervention in the economy in many areas. The majority of the norms included in the forth package make the antimonopoly law of the Russian Federation more "calm", with less intervention into economic relations.

To reduce the level of state participation in the economy, FAS puts forward several initiatives.

The first is to remove state and municipal unitary enterprises to the maximum extent from the markets. According to FAS, such enterprises must not appear on competitive markets, where only private business should operate.

An approach to violations by the authorities is changing. The institution of warnings will be introduced for officials that violated the Federal Law "On Protection of Competition" for the first time. An institution of no-alternative disqualification can become an efficient remedy for repeated violations.

An important tool of protecting the company interests from antimonopoly prosecution will be the institution of appealing decisions of all regional bodies. This institution will make the antimonopoly law more clear and ensure uniformity of its enforcement practice, or form such practice in its absence.

Also, the openness of antimonopoly investigations will be increased by solving the issue of access to the evidence and introducing preliminary advice as a new stage in investigations of antimonopoly cases. It will precede the Commission decisions.

"It is expected that preliminary advice shall outline the main claims and evidence as well as other materials and conclusions, to which the Commission has arrived on a preliminary basis. In this case a respondent has the right to argue against the information included in an advice, present evidence, and depending on it the antimonopoly authority will make decisions", emphasized Sergey Puzyrevskiy.

"For the antimonopoly bodies it will make the investigation procedure more complex, but in its turn it will increase the reasonableness of the decisions considerably".

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