As early as 2013 the Federal Antitrust Service (the “FAS of Russia”) stated their initiative to cancel the requirement for business entities with market share above 35% and those dominating on the market of a certain commodity to submit to the FAS of Russia reports on the main indices of the economic activity in the form 1‑MON. Proposal of the FAS of Russia was documented by Decree No.256-r dated February 25, 2014 of the Russian Federation Government.

Pursuant to Clause 8 Part 1 Article 23 of Federal Law No.135-FZ dated 26.07.2006 “On protection of competition” (the “Competition Law”) the FAS of Russia keeps a register of business entities with a market share over 35% for a certain commodity or dominating on the market of a certain commodity (the “Register”). Formation and keeping of the Register are performed by introducing information on the business entity into the Register, excluding certain information from the Register and amending the Register information.                                     

The grounds for introducing information on a business entity into the Register are the following:

Analytical report prepared:

• ­In the course of examination of a case on violation of the antitrust legislation;
• ­ When considering a request for granting consent for transactions and other actions subject to  government control of economic concentration;
• Following the results of considering an application of a business entity;
• ­ Following the results of analysis of the state of competition on a commodity market conducted by   the antitrust body on its own initiative;
• A court decision on introducing information on the business entity into the Register.

Thanks to the Decree of the Russian Federation Government and the initiative of the FAS of Russia, now business entities included in the Register are not obliged to submit to the FAS of Russia the statistics information on the main indices of their activity in the form 1‑MON, which will substantially lower the load on such businesses and relieve them from the need to collect additional statistics data.

Decree No.256-r dated February 25, 2014 of the Russian Federation Governmentcancelled the obligation of business entities included by the FAS of Russia into the register of business entities with a market share above 35% and dominating on the market of a certain commodity to submit to the FAS of Russia reports on main indices of their business activity in the form 1‑MON. 

Additional notes

Should any questions arise in connection with the above or if you need any additional materials, please contact Irina Akimova or Natalia Rossikhina, Moscow Office of Capital Legal Services.

This Information letter keeps the clients of the Capital Legal Services and other interested parties abreast of information that may, to any extent, affect their activity or cater to their particular interests. The opinions and commentaries expressed in this Information letter shall not be deemed as legal opinions.