The situation around the antimonopoly legislation, specifically the second package of antitrust laws, discussed today in the RSPP.
Director of Economic Development Ministry for Antimonopoly Policy of Alexander Pirozhenko at the meeting noted that the tightening of legislation in this area - this is a State's response to the opacity of pricing. The Ministry has its own claim to the proposed bill. In particular, Pyrozhenko said that the need to clarify the criteria for high monopoly prices, from regulation to competition did not move to price regulation.
Similar views were expressed, and other participants in the meeting. Thus, the head of RSPP Committee on Property and the Protection of Competition, member of the Board of Directors of Alfa Bank, Mikhail Fridman turned his attention to the lack of clarity of basic concepts, which operates the bill. He requested clarification of concepts such as unreasonably high prices, concerted action on the market, dominant position and others.
First Vice-President of OAO LUKOIL Vladimir Nekrasov, believes that the main problem - lack of clear rules and norms of good conduct for market participants. Sometimes the company just does not know that it violates a particular rule. Another problem - inconsistency of the antimonopoly legislation with the duties imposed on the company by other public bodies. To meet these standards, companies need to get high returns. Accordingly, because that antitrust rules are sometimes violated, - he said.
LUKOIL - one of the last major companies - victims of FAS. Sept. 10 Commission, FAS Russia recognized that the group of persons belonging to OAO LUKOIL, violated antitrust laws. LUKOIL has violated Part 1 Article 10 of the Law on Protection of Competition, which prohibits abuse of dominant position, the official statement says Antimonopoly Service.
According to the Deputy Head of Federal Antimonopoly Service Andrei Kashevarova, work on the terminology is: We long to decide how to determine the inflated price of a monopoly or not. We decided that if the price without any special economic reasons increased by more than 15% and this increase makes a loss related industries in the market, it is a sign of monopoly high prices. In general, as noted by the Deputy Head of FAS, the problem reduces to the distribution margin in the adjacent market sectors.
Kashevarov also clarified that under the antitrust bill, responsibility for violation of the law will not be set against the company as a whole, and against those responsible. If you are installing more than two violations in three years, the case is referred to the investigative authorities.
By March 2010, FAS, the mayor and Minpromtorg must achieve clarity on all the contentious issues of the antimonopoly package. By this time, each region should be formed to develop the program competitive environment. There are about 40 projects in such programs. The work should include the business community at the regional and federal levels, - said Alexander Pirozhenko.
At today's meeting, the representative of business Mikhail Fridman said that the law is important: We welcome the fact of market regulation and support the initiative of the FAS have a greater impact on anti-competitive environment.
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