The FAS of Russia has prepared draft amendments to the Federal law "On protection of competition"

Key Changes

Currently, holders of exclusive rights benefit from exemptions from the prohibition on abuse of dominant position (Article 10 of the Law) and from the prohibition on anticompetitive agreements (Article 11 of the Law).

According to the Federal Antimonopoly Service (FAS), this enables them to abuse their rights, infringe on the interests of counterparties and consumers, and enter into anticompetitive agreements.

The draft law introduces the possibility of applying antitrust measures to right holders if their actions are aimed at restricting competition.

The draft also provides for:

• The Government’s authority to determine cases where agreements on the use of the results of intellectual activity are permissible;
• Clarification of Article 13 of the Law regarding the admissibility of actions aimed at setting or maintaining the price of goods incorporating the results of intellectual activity.

At the same time, dominant position may not be established solely on the basis of the existence of exclusive rights.

Currently, the draft law is undergoing an anti-corruption review and public discussion.