antimonopolshchikov deprive of legislative monopolyToday at meeting at vitse - prime minister Igor Shuvalov the question on destiny " will be solved; the second antimonopoly package “ amendments FAS to the law on a competition against which representatives of business and a number of departments actively act. The assistant to head FAS Andrey Kashevarov counts that following the results of meeting the bill will be divided on two parts: to the co-ordinated norms of a package it will be set in motion, disputable will be sent on completion.
yesterday in the Russian union of industrialists and businessmen (RSPP) has passed the first public discussion “ the second antimonopoly package FAS “. For project discussion in RSPP the committee on the antimonopoly law has been urgently created. We will remind, “ the second package FAS “ assumes entering of amendments into laws “ About competition protection “ “ About commodity exchanges and exchange trade “ “ About operatively - search activity “ “ About natural monopolies “ “ About bowels “ in the law “ About kontsessionnoj activity “ and also in Wood, Ground, Town-planning and Water codes. Sanctions for infringements register amendments to KOAP and UK.
the Most disputable began to enter offer FAS responsibility for “ abusing the market power “ even for those subjects of the market who do not occupy a leading position. Besides, according to project FAS acquires the right to demand from monopolist to sell production part at a stock exchange with the coordination of the starting price of the auctions. FAS acquires also the right to spend planned checks (now the service brings actions only under complaints of subjects of the market). The right to define a rule of not discrimination access to objects of an infrastructure even if they do not belong to state monopolies is offered to assign also to the government. “ In offers FAS there is no disbalance, they do not bear risk of superfluous intervention of the state in economy, it is a question of mutual relation of subjects of the market, instead of business and the state “ - the assistant to head FAS Andrey Kashevarov has explained a position, making comments on norm about “ abusing the market power “.
Business, however, acts categorically against responsibility introduction for “ the actions which are not answering to principles of respectableness, a rationality, justice “. “ This norm is directed on subjects who possess the market power, but it can mirror turn. Those who suffers today from market masters, can abuse it. As it is possible to regard “ a respectableness principle “? What can I tell in court if I have a dispute? “ - The main legal expert of LUKOIL Igor Nefedov who has acted also against an interdiction for granting of sites of bowels for mining operations to those subjects which supervise more than 35 % from their reconnoitered volume has declared. In total decision RSPP it is noticed also that restriction in using own infrastructure will lower interest of business in infrastructural projects. In RSPP notice that the compulsory conclusion to a stock exchange means cancellation “ a principle of freedom of the contract “ and initiatives in nedropolzovanii will allow to limit activity of the raw companies any way.
making comments on bill prospects, Andrey Kashevarov has declared “ “ that FAS does not exclude package division: “ the Coordinated norms will go forward, on the rests discussion will be continued “. While it is possible to consider as the norms However, co-ordinated with business only introduction of disqualification for the officials who have admitted infringement of the antimonopoly law, and necessity cancellation to co-ordinate with FAS a number of transactions. Head RSPP Alexander Shokhin has declared “ “ that work on the bill will be finished not earlier than the middle of 2009. It is not excluded, however, that in the government will listen to its offer to postpone “ the second antimonopoly package “ and to return to antimonopoly law editing only after the statement “ Programs of development of a competition “ which concept Ministry of economic development and trade also will present at today`s meeting at vitse - a premiere.