Baker & McKenzie – CIS, Limited is a member firm of Baker & McKenzie International, a Swiss Verein...
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Baker & McKenzie – CIS, Limited is a member firm of Baker & McKenzie International, a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organisations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. © 2014 Baker & McKenzie – CIS, Limited Regional issues and application of the main WTO agreements Competition regulation within the Customs Union Anton Subbot Baker & McKenzie 22 March 2014 International annual forum on WTO hosted by Kaliningrad Technical University
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Transcript of Baker & McKenzie – CIS, Limited is a member firm of Baker & McKenzie International, a Swiss Verein...
Baker & McKenzie – CIS, Limited is a member firm of Baker & McKenzie International, a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organisations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm.© 2014 Baker & McKenzie – CIS, Limited
Regional issues and application of the main WTO agreements
Competition regulation within the Customs Union
Anton Subbot
Baker & McKenzie
22 March 2014
International annual forum on WTO hosted by Kaliningrad Technical University
© 2014 Baker & McKenzie – CIS, Limited 2
International organizations
– Eurasian Economic Community Agreement on establishment of Eurasian Economic Community, 10.10.2000
– Customs Union Agreement on creation of the unified customs territory and formation of the
Customs Union, 06.10.2007
– Unified Economic Space Declaration on Eurasian economic integration, 18.11.2011
© 2014 Baker & McKenzie – CIS, Limited 3
Hierarchy of governing bodies
– Supreme Eurasian Economic Council Agreement on Eurasian Economic Commission, 18.11.2011 Agreement on establishment of Eurasian Economic Community, 10.10.2000
– Eurasian Economic Commission (“EEC”) Agreement on Eurasian Economic Commission, 18.11.2011 Regulation on the functioning of Eurasian Economic Commission, 18.11.2011
– Department of Antimonopoly Regulation Regulation on Department of Antimonopoly Regulation, 14.06.2012
© 2014 Baker & McKenzie – CIS, Limited 4
Main sources of rules
– Agreement on the Unified Principles and Rules of Competition of 09.12.2010 (“Agreement”) and …
methodology for assessing conditions of competition methodology for determining monopolistically high (low) prices methodology for calculating and imposing fines procedure for reviewing complaints (materials) about infringements procedure for conducting an investigation procedure for considering cases of infringements functions and structure of the Department of Antimonopoly Regulation procedure for interactions between EEC and national authorities
© 2014 Baker & McKenzie – CIS, Limited 5
Powers of EEC
– Investigations review of complaints requests for information to companies requests for information to national authorities requests for certain procedural acts
– Consideration of infringement cases
– Imposition of fines
© 2014 Baker & McKenzie – CIS, Limited 6
Algorithm of Exercise of ECC Powers
– Complaints or materials
– Complaint review (30 days)
– Investigation (60 + 60 days)
– Infringement case (60 + 30 days)
© 2014 Baker & McKenzie – CIS, Limited 7
Prohibited practices
– Anticompetitive agreements
– Coordination
– Abuse of market dominance
– Unfair competition
– Non-provision of information
© 2014 Baker & McKenzie – CIS, Limited 8
General and specific requirements
– Negative effect on a cross-border market geographic borders cover two of more member states
Anticompetitive agreements at least two infringers are registered in different member states
Abuse of market dominance restriction of competition or infringement on individual rights
Unfair competition the infringer and the competitor, which was harmed, are registered in different
member states
© 2014 Baker & McKenzie – CIS, Limited 9
Sanctions (in Russian rubles)
– Anticompetitive agreements, abuse of market dominance, coordination for managers up 50K or disqualification for up to 3 years for companies up to 15% of turnover (for “mono-product” companies up to 3%)
– Unfair competition for managers up to 20K; for companies up to 500K
– Non-provision of information for individuals up to 2.5K; for managers up to 15K for companies up to 500K
© 2014 Baker & McKenzie – CIS, Limited 10
Challenging EEC decisions
– The Court of Eurasian Economic Community
– Decision of the Court may be appealed to the Appellate Chamber
– Decision of the Appellate Chamber (and the Court, if not appealed) is final and not subject to further appeal
© 2014 Baker & McKenzie – CIS, Limited 11
The Court of Eurasian Economic Community
– Located in Minsk, Belarus
– Does not compensate private damages
– May give official interpretation
– Decision of the Court becomes a part of the Customs Union’s legal foundation
Baker & McKenzie has been global since inception. Being global is part of our DNA.
Anton SubbotSenior associate
Baker & McKenzie - CIS, Limited
White Gardens, 10th Floor9 Lesnaya Street P: +7 495 787 2700Moscow 125047 [email protected]
Baker & McKenzie CIS Limited is a member of Baker & McKenzie International, a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a “partner” means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an “office” means an office of any such law firm.
2014 Baker & McKenzie
All rights reserved.
