FEDERAL ANTIMONOPOLY SERVICE
Regional Cooperation and Networking
of the FAS Russia
Andrey Tsyganov,
Deputy Head of the FAS Russia
Sofia Competition Forum
November 12, 2012, Sofia, Bulgaria
International Cooperation of the FAS Russia
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Enforcement of Part 2, Article 3 of the Law on Protection
of Competition (extraterritoriality);
47 cooperation agreements with competition authorities
(incl. Brazil, Bulgaria, Czech Republic, China, Estonia,
Italy, Finland, France, Mexico, Poland, Romania,
Slovakia, Spain, USA, Venezuela, Vietnam, etc.)
5 new type agreements (Mexico, EU, Hungary, Austria,
Spain) which include mechanisms of cooperation when
considering violations on trans-border markets);
Coordination of actions with foreign competition
authorities within the frameworks of investigations
(CIS, ЕU, BRICS, USA);
Use of inter-state mechanisms for mutual legal
assistance.
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Enforcement on the Cross-Border Markets
Cooperation within the CIS
• Interstate Agreement on Antimonopoly Policy Coordination (1993)
• The Interstate Council for Antimonopoly Policy (ICAP)
was founded in 1993
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– is a basic forum for cooperation between the
national competition authorities of the CIS
countries
Harmonizing national competition laws of the CIS memberstates;
Coordinating approaches to various regulatory aspects;
Enhancing cooperation between the antimonopoly bodies of
the CIS member-states
in investigations of cross-border violations.
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Enforcement on the Cross-Border Markets
Joint investigations within the CIS
The Headquarters for Joint Investigations was established in
2006 by the Decision of the ICAP members:
Establishment purposes:
Joint investigations of violations of the
antimonopoly legislation in socially important and
infrastructural markets, which successful
functioning directly affects welfare of the CIS
citizens and promotes integration of the CIS
member-states.
Investigations on the markets of air
transportation, telecommunications, grain,
food products, pharmaceuticals, electric
power energy, oil and oil products.
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Enforcement on Cross-Border Markets
• Agreement on the common competition principles
and rules of October 9, 2010 (entered into force on
January 1, 2012)
• Agreement on Eurasian Economic Commission
(EEC) - a united permanent regulator of the Customs
Union (CU) and the Common Economic Space in several
spheres of activity, including competition policy.
Establishing supra-national
institutions for protecting competition
within the Common Economic Space
of the Republic of Belarus, the
Republic of Kazakhstan and the
Russian Federation (since February
2012)
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Competition policy in the course of the CES
Realization of the competition policy
within the CES
National level
Supranational level
Antimonopoly
body of the RB
EEC
Antimonopol
y body of the
RF
Antimonopoly
body of the RK
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The Eurasian Economic Commission
November – December 2010– accepted contract-legal
basis of the Common Economic Space (CES) - the basis for
organization of CES.
November 2011 – accepted an Agreement on Eurasian
Economic Commission (EEC) - a united permanent regulator
of the Customs Union (CU) and the Common Economic
Space in several spheres of activity, including competition
policy.
February 2012 – the Eurasian Economic Commission (EEC)
started exercise its functions.
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Strengthening closer cooperation with
competition authorities of EU
Memorandum of Understanding on Cooperation between
the FAS Russia and the DG Competition signed in
Brussels on March 10, 2011.
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Basic means:
conduction of joint markets analysis,
conduction of joint investigations on violations of the
antimonopoly legislation on Russia and the EU markets,
conduction of joint merger reviews of transactions
affecting the state of competition in the Russian and EU
markets,
exchange of information (publicly available, sensitive)
under investigation of violation of the antimonopoly
legislation.
www.fas.gov.ru
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Cooperation within the BRICS format
Since 2008 the cooperation with
BRIC (since 2011- BRICS)
Competition Authorities is one of the
major priorities of the FAS Russia’
international activities
Joint BRICS’ activities in the field of competition policy:
BRICS International Competition Conferences (1st was held in
2009 in Kazan (Russia); 2nd was held in Beijing (China); 3rd will
be held in Delhi (India) in November 2013;
In 2011 leaders of the Competition Authorities of the BRICS’
countries decided to develop interaction within the working
groups on joint investigations in the pharmaceutical market and
in the passenger traffic market (Beijing Consensus);
Joint BRICS’ Book “Competition Law in the BRICS countries”
(presented on October 1, 2012, in Dublin (Ireland)
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The positive experience of bilateral cooperation:
• participation of the heads of competition authorities of
Austria, Hungary, Lithuania, Romania, in the meetings
organized by the Interstate Council for Antimonopoly Policy
of the CIS member-states (ICAP),
• exchange of information on the most interesting recent
cases considered by the FAS Russia through participation
in seminars and training programs (annual study visits to
the FAS Russia in December),
• exchange of information on the situation in the fuel market
(Portugal), on the transaction on acquisition by gas
companies (Hungary), on the results of investigations into
the financial sector (Hungary), on the anticompetitive
practices by producers of equipment (the Netherlands), etc.
www.fas.gov.ru
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New forms of practical cooperation
On the initiative of the FAS Russia the following
international working groups (WG) were created :
- WG on research of pricing on the oil and petroleum-product
markets and methods of their functioning (Russia, Austria,
Kazakhstan, Ukraine, Lithuania, Portugal, Germany and others);
- WG on pharmaceuticals (Russia, Italy);
- WG on roaming (Russia, Kazakhstan, Azerbaijan, Ukraine,
Turkey and others).
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Supplement No.2. Block Diagram of the Main Activities of the Working Group on
Investigating Issues on Pricing at the Oil Product Markets and Methods of their Functioning
in the Near Future
3rd International Forum “The Exchange and OTC Markets for Oil and
Oil Products in the Russian Federation”
Decision on creating the Working Group. Determination of goals,
objectives and priority areas of the Working Group’s operations.
Session of the Working Group on Investigating Issues on
Pricing at the Oil Product Markets and Methods of their
Functioning No.1
(January 24, 2012, Moscow, Russia)
Elaboration of methodology for determining the product and
geographical boundaries of the wholesale and retail markets of oil and
petroleum products
Session of the Working Group on Investigating Issues on
Pricing at the Oil Product Markets and Methods of their
Functioning No.2
(June 29, 2012, Vienna, Austria)
Discussion of existing approaches to monitoring and analysis of the
wholesale and retail markets of oil and petroleum products
Session of the Working Group on Investigating Issues on Pricing
at the Oil Product Markets and Methods of their Functioning No.3
“The Russian Competition Day”
(September 11, 2012, Kazan, Russia)
Study of the issues of pricing of oil and oil products on domestic
markets, including the impact of world prices on the pricing of national
markets
Exchange of experience and approaches to the enforcement of the
antimonopoly legislation in the market of oil and oil products
Discussion of non-confidential information exchange proceedings
among members of the Working Group
Session of the Working Group on Investigating Issues on
Pricing at the Oil Product Markets and Methods of their
Functioning No.4
(October 4-5, 2012, London, UK, Platt’s)
Session of the Working Group on Investigating Issues on
Pricing at the Oil Product Markets and Methods of their
Functioning No.5
(
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The result of the Working Group should become:
Preparation by the competition authorities of proposals for national governments to promote competition in the
markets of oil and oil products
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The Training Centre of the FAS Russia
On September 12, 2012 the Training Centre of the FAS Russia
in Kazan began its functioning.
The Training Centre of the FAS Russia is a specially created
platform to provide the dialogue on development of competition
legislation and exchange of best enforcement practices.
Annual study visits of experts from
competition authorities to the FAS Russia:
- Since 2007 – the FAS Russia’ Headquarters
in Moscow.
- Since 2012 - the Training Centre of the FAS
Russia in Kazan.
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THANK YOU!
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