FEDERAL LAW ¹ 135-FZ of July 26, 2006 «ON PROTECTION OF COMPETITION» (non-official translation)

FEDERAL LAW ¹ 135-FZ of JULY26, 2006 "ON PROTECTION OF COMPETITION" (non-official translation)

FEDERAL LAW «ON PROTECTION OF COMPETITION»

Adopted by the State Duma on July 8, 2006

Approved by the Federation Council on July 14, 2006


Chapter 1. General Provisions

Article 1. Subject and Objectives of the Present Federal Law

1. The present Federal Law determines organizational and legal basis for protection of competition including prevention and restriction of:
1) monopolistic activity and unfair competition;
2) prevention, restriction, elimination of competition by federal bodies of executive authority, public authorities of the subjects of the Russian Federation, bodies of local self-government, other bodies or organizations exercising the functions of the above-mentioned bodies, as well as public off-budget funds, the Central Bank of the Russian Federation.
2. Objectives of the present Federal Law are to ensure common economic area, free movement of goods, protection of competition, freedom of economic activity in the Russian Federation and to create conditions for effective functioning of the commodity markets.

Article 2. Antimonopoly Legislation of the Russian Federation and Other Statutory Legal Acts on Protection of Competition.

1. The antimonopoly legislation of the Russian Federation (hereinafter referred to as antimonopoly legislation) is based on the Constitution of the Russian Federation, the Civil Code of the Russian Federation and consists of the present Federal Law, other federal laws regulating relations stated in article 3 of the present Federal Law.
2. Relations stated in article 3 of the present Federal Law may be regulated by Regulations of the Russian Federation Government, statutory legal acts of the Federal Antimonopoly Authority in cases directly provided for in the antimonopoly legislation.
3. If International Treaty of the Russian Federation establishes different rules than those provided for in the present Federal Law, the rules provided for in the International Treaty of the Russian Federation are applied.

Article 3. Sphere of Application of the Present Federal Law

1. The present Federal Law is applied to the relations which are connected with protection of competition, including prevention and restriction of monopolistic activity and unfair competition and in which Russian legal persons and foreign legal persons, federal bodies of executive authority, public authorities of the subjects of the Russian Federation, bodies of local self-government, other bodies or organizations exercising the functions of the above-mentioned bodies, as well as public off-budget funds, the Central Bank of the Russian Federation, natural persons, including individual entrepreneurs are involved.
2. Provisions of the present Federal Law are applied to agreements which are reached between Russian or foreign persons or organizations outside the territory of the Russian Federation, if in the case of such agreements both the following conditions are fulfilled:
1) the agreements are reached in respect to the basic production assets and (or) intangible assets situated on the territory of the Russian Federation or with respect to stocks (shares) of the Russian business partnership, rights in respect to the Russian commercial organizations;
2) the agreements lead or can lead to restriction of competition in the Russian Federation.

Article 4. Basic Definitions Used in the Present Federal Law

The following basic definitions are used in the present Federal Law:
1) commodity - is an object of civil rights (including work, service, financial service) intended for sale, exchange or trade in another form;
2) financial service - is a banking service, an insurance service, a service in the securities market, a leasing service, as well as a service provided by a financial organization and connected with attracting and allocating funds of legal and natural persons;
3) substitute goods - are goods that can be compared by their functional purpose, application, qualitative and technical characteristics, price and other parameters in such a manner that purchaser actually substitutes or is ready to substitute one commodity with another in the process of consumption (including consumption for production purposes);
4) commodity market - is an area of circulation of a commodity (including commodity of foreign manufacture), which cannot be substituted by another commodity, or substitute goods (hereinafter referred to as a certain commodity), within the frames of which (including geographical frames) basing on economic, technical or other possibility, or expediency the purchaser can obtain the commodity and this possibility or expediency is absent outside its frames;
5) economic entity - is an individual entrepreneur, a commercial organization as well as non-commercial organization exercising activity bringing income;
6) financial organization - is an economic entity providing financial services: credit institution, credit consumer cooperative, insurer, insurance broker, mutual insurance association, stock exchange, monetary exchange, pawnshop, leasing company, non-governmental pension fund, management company of investment fund, management company of unit investment fund, specialized depositary of investment fund, specialized depositary of unit investment fund, specialized depositary of non-governmental pension fund, professional participant of the securities market;
7) competition - is a rivalry between economic entities during which the independent actions of each of them exclude or restrict the possibility for each of them to influence unilaterally on the general conditions of circulation of commodities in the relevant commodity market;
8) discriminatory conditions - are conditions of access to a commodity market, conditions of production, exchange, consumption, purchase, sale, another way of transfer of goods, when an economic entity or several economic entities are placed at a competitive disadvantage in comparison with another economic entity or the other economic entities;
9) unfair competition - is any actions of economic entities (groups of persons) aimed at getting benefits while exercising business activity, contradicting with the legislation of the Russian Federation, business traditions, requirements of respectability, rationality and equity and which inflicted or can inflict losses to the other economic entities-competitors or harmed or can harm their business reputation;
10) monopolistic activity - is abuse by an economic entity, a group of persons of their dominant position, agreements or concerted practices prohibited by the antimonopoly legislation, as well as other actions (inaction) recognized as monopolistic activity in accordance with the federal laws;
11) systematic implementation of monopolistic activity - is implementation of monopolistic activity by an economic entity exposed more than two times in three years in accordance with the procedure established by the present Federal Law;
12) unjustifiably high price of a financial service, unjustifiably low price of a financial service - is the price of a financial service or financial services, which is established by a financial organization occupying a dominant position, and which differs considerably from the competitive price of a financial service and (or) impedes access to the commodity market for the other financial organizations and (or) has negative impact on competition;
13) competitive price of a financial service - is the price for which a financial service can be provided in the conditions of competition;
14) coordination of business activity - is coordination of business activities of economic entities by a third person which is not included in one group of persons with any of such economic entities. Actions of a self-regulated organization on establishing conditions for access of its members to a commodity market or withdrawal from the commodity market, which are exercised in accordance with the federal laws, are not coordination of business activity;
15) antimonopoly authority - is the federal antimonopoly authority and its territorial bodies;
16) acquisition of stocks (shares in the authorized capital) of business partnerships - is purchase as well as gaining of another opportunity to exercise the voting rights given by the stocks of business partnerships (shares in the authorized capital) on the basis of agreements on trust management, agreements on joint activity, contract of agency, other transactions, or on other grounds;
17) indicators of restriction of competition - are reduction in the number of economic entities, which are not included in one group of persons, in the commodity market, increase or decrease in commodity price which is not connected with the relevant changes of other general conditions of commodity circulation in the commodity market, refusal of economic entities, which are not included in one group of persons, from independent actions in the commodity market, defining of general conditions of commodity circulation in the commodity market by agreement between economic entities or in accordance with instructions of another person which are obligatory for fulfillment by them, or in the result of coordination of actions in the commodity market by the economic entities not included in one group of persons as well as other circumstances creating opportunity for an economic entity or several economic entities to impact unilaterally on the general conditions of circulation of commodity in the commodity market;
18) agreement - is a written understanding contained in a document or several documents, as well as verbal understanding;
19) vertical agreement - is an agreement between economic entities which are not competing with each other, one of which purchases commodity or is its potential purchaser and the other provides commodity or is its potential sellers;
20) state and municipal aid - is provision by the federal bodies of executive authority, executives authorities of the subjects of the Russian Federation, bodies of local self-government, other bodies or organizations exercising the functions of the above-mentioned bodies of advantages ensuring to some economic entities more favourable conditions of activity in the relevant commodity market in comparison with the other market participants (potential market participants) by means of disposal of property and (or) other objects of civil rights, the right of priority access to information.
21) economic concentration - is transactions, other actions, which fulfillment influences on the condition of competition

Article 5. Dominant Position

1. Dominant position is recognized when position of an economic entity (a group of persons) or several economic entities (groups of persons) in the market of certain commodity giving such economic entity (a group of persons) or such economic entities (groups of persons) an opportunity to have a decisive impact on the general conditions of commodity circulation in the relevant commodity market and (or) to remove other economic entities from this commodity market and (or) to impede access to this commodity market for the other economic entities. The position of an economic entity (except financial organizations) is recognized as dominant:
1) whose share in the certain commodity market exceeds fifty per cent if only in the course of examination of the case of violation of the antimonopoly legislation or in the course of exercising state control over economic concentration it would be established that despite the excess of the aforementioned quantity position of the economic entity in the commodity market is not dominant;
2) whose share in the certain commodity market is less than fifty per cent in case the dominance of this economic entity was established by the antimonopoly authority proceeding from stable or subjected to insignificant changes share of the economic entity in the market as compared to the shares of its competitors in this commodity market, opportunities for access to this commodity market of new competitors, or proceeding from other criteria characterizing commodity market.
2. The position of an economic entity (except a financial organization) whose share in the certain commodity market does not exceed thirty five per cent cannot be recognized as dominant, except the cases stated in part 3 and 6 of the present article.
3. The position of each of several economic entities (except financial organizations) is recognized dominant if all of the conditions below apply to the entity:
1) the aggregate share of not more than three economic entities, share of each of these exceeds the shares of the other economic entities in this market, exceeds fifty per cent, or the aggregate share of not more than five economic entities, the share of each of these exceeds the shares of the other economic entities in the relevant commodity market, exceeds seventy per cent (this provision is not applied if the share of at least one of the aforementioned economic entities is less than eight per cent);
2) during a long period (during not less than a year or in case this period is less than a year during the period of the relevant commodity market existence) the relevant sizes of such economic entities' shares are stable or subjected to insignificant changes, as well as access of new competitors to the relevant commodity market is impeded;
3) the commodity sold or purchased by economic entities cannot be substituted with another commodity in the process of consumption (including consumption for production purposes), growth of the commodity price does not condition corresponding to such growth reduction in demand for this commodity, information about the price, conditions of selling or purchasing of this commodity in the relevant commodity market is available to indefinite group of persons.
4. An economic entity has the right to provide evidence before court or antimonopoly authority that the position of this economic entity in the commodity market cannot be recognized as dominant.
5. The position of an economic entity - subject of a natural monopoly in a commodity market, which is in a state of natural monopoly, is recognized dominant.
6. The federal laws can establish cases of recognizing as dominant the position of an economic entity whose share in the market of a certain commodity is less than thirty five per cent.
7. The conditions for recognizing as dominant the position of a financial organization (excluding a credit organization) are established by the Government of the Russian Federation taking into consideration the restrictions provided for by the present Federal Law. The conditions for recognizing as dominant the position of a credit organization are established by the Government of the Russian Federation in agreement with the Central Bank of the Russian Federation taking into consideration the restrictions provided for by the present Federal Law. The conditions for recognizing as dominant the position of a financial organization (excluding a credit organization) are established by the antimonopoly authority in accordance with the procedure approved by the Government of the Russian Federation. The procedure of establishing the dominant position of a credit organization is approved by the Government of the Russian Federation in agreement with the Central Bank of the Russian Federation. The position of an business partnership, whose share in the commodity market of the Russian Federation does not exceed ten per cent in the single in the Russian Federation commodity market or does not exceed twenty per cent in the commodity market when the commodity circulating this market circulates as well in the other commodity markets of the Russian Federation, cannot be recognized as dominant.

Article 6. Monopolistically High Price of a Commodity

1. Monopolistically high commodity price (except financial service) is a price established by an economic entity occupying a dominant position if:
1) this price exceeds the price, which, in the competitive conditions of the commodity market comparable by the quantity of the commodities sold within definite period of time, by qualitative structure of customers or sellers of the commodity (which is defined proceeding from the aims of purchasing or selling of the commodity) and also by the conditions of access (hereinafter - comparable commodity market), is established by economic entities which are not included in one and the same group of persons with purchasers or sellers of the commodity and are not occupying a dominant position in comparable commodity market;
2) this price exceeds the sum of expenses and returns necessary for production and sale of such commodity.
2. The commodity price is not recognized as monopolistically high if it does not meet at least one of the criteria mentioned in part 1 of the present article. The price is not recognized to be monopolistically high if it is established by a subject of the natural monopoly within the limits of the tariff for such commodity determined by the body regulating natural monopolies.

Article 7. Monopolistically Low Price of a Commodity

1. Monopolistically low commodity price (except financial service) is a commodity price established by an economic entity occupying a dominant position if:
1) this price is lower than the price which in the competitive conditions at the comparable commodity market is established by economic entities which are not included in one and the same group of persons with purchasers or sellers of the commodity and are not occupying a dominant position in such a comparable commodity market;
2) this price is lower than the sum of expenses necessary for production and sale of such commodity.
2. The commodity price is not recognized as monopolistically low if it does not meet at least one of the criteria mentioned in part 1 of the present article. The commodity price is not recognized monopolistically low if its establishment has not resulted in restriction of competition because of reduction of the number of economic entities which are not included in one and the same group of persons with the purchasers or sellers of the commodity in the relevant commodity market. The commodity price is not recognized to be monopolistically low if it is established by a subject of the natural monopoly within the limits of the tariff for such commodity determined by the body regulating natural monopolies.

Article 8. Concerted Practices of Economic Entities

1. Concerted practices of economic entities are the actions of economic entities in the commodity market that meet both the following conditions:
1) the result of such actions meets the interest of each mentioned economic entity only on the condition that their actions are known to each of them in advance;
2) the actions of each mentioned economic entity are caused by the other economic entities' actions and are not the consequences of the circumstances equally influencing upon all economic entities in the relevant commodity market. Such circumstances, in particular, can include change of the regulated tariffs, change in the prices for raw material used for the commodity production, change in the prices of the commodity in the world commodity markets, significant change in commodity demand within the period not less than a year or within the period of existence of the relevant commodity market if it exists for less than a year.
2. Implementation of actions on agreement by an economic entity is not referred to concerted practices.

Article 9. Group of Persons

The following business partnerships are recognized as a group of persons:
1) a business partnership and a natural person or a legal person if such natural person or such legal person has, due to its participation in this business partnership or according to the authority given by the other persons, more than fifty per cent of the total vote related to voting stocks (shares) in the authorized (joint) capital stock of this business partnership;
2) a business partnership where one and the same natural person or one and the same legal person has, due to its participation in this business partnership or according to the authority given by the other persons, more than fifty per cent of the total vote related to voting stocks (shares) in the authorized (joint) capital stock of each of these business partnerships.
3) a business partnership and a natural person or a legal person if such natural person or such legal person exercises the functions of the sole executive body of this business partnership;
4) business partnerships where one and the same natural person or one and the same legal person exercises the function of the sole executive body;
5) a business partnership and a natural person or a legal person if such natural person or such legal person basing on constituent documents of this business partnership or on agreement concluded with this business partnership has the right to give this business partnership directions obligatory for execution;
6) business partnerships in which one and the same natural person or one and the same legal person has the right on the basis of constituent documents of these business partnerships or agreements concluded with such business partnerships to give such business partnerships obligatory for execution;
7) a business partnership and a natural person or a legal person if on such natural person's or such legal person's proposal the sole executive body of this economic unity was appointed or elected;
8) business partnership whose sole executive body was appointed or elected on the proposal of one and the same natural person or one and the same legal person;
9) a business partnership and a natural person or a legal person if on such natural person's or such legal person's proposal more than fifty per cent of the quantitative membership of the collegial executive body or the Board of Directors (supervisory board) of this business partnership was elected;
10) business partnerships where more than fifty per cent of the quantitative membership of the collegial executive body and (or) the Board of Directors (supervisory board) has been elected on proposal of one and the same natural person or one and the same legal person;
11) business partnerships where more than fifty per cent of the quantitative membership of the collegial executive body and (or) the Board of Directors (supervisory board) are one and the same natural persons;
12) persons which are participants of one and the same financial-industrial group;
13) a natural person, his spouse, parents (including adoptive parents), children (including adopted), own and step brothers and sisters;
14) persons, each of which is included into a group with one and the same person, on any ground stated in items 1-13 of the present part, as well as all the other persons which are the members of a group with one and the same person, on any ground stated in items 1-13 of the present part.
2. Prohibitions on actions (inaction) of an economic entity, economic entities, established by the present Federal Law are extended to actions (inaction) of a group of persons.

Chapter 2. Monopolistic Activity. Unfair Competition

Article 10. Prohibition of Abuse of Dominant Position by an Economic Entity

1. Actions (inaction) of an economic entity occupying a dominant position, which result or can result in prevention, restriction or elimination of competition and (or) infringement of the interests of other persons are prohibited, including the following actions (inaction):
1) establishment and maintaining of monopolistically high or monopolistically low price for a commodity;
2) withdrawal of a commodity from circulation, if the result of such withdrawal is increase of price of the commodity;
3) imposing on a counterparty of contractual terms which are unprofitable for the latter or not connected with the subject of agreement (economically or technologically unjustified and (or) not provided for directly by the federal laws, statutory legal acts of the President of the Russian Federation, statutory legal acts of the Government of the Russian Federation, statutory legal acts of the authorized federal bodies of executive authority or judicial acts, requirements on transfer of financial assets, other property, including property rights, as well as consent to conclude a contract on conditions of including in it of provisions, concerning the commodity in which the counterparty is not interested and other requirements);
4) economically or technologically unjustified reduction or cutting off the production of a commodity if there is demand for the commodity or the orders for its delivery are placed and there is possibility of its profitable production, as well as if such reduction or cutting off the production of the commodity is not provided for directly by the federal laws, statutory legal acts of the President of the Russian Federation, statutory legal acts of the Government of the Russian Federation, statutory legal acts of the authorized federal bodies of executive authority or judicial acts;
5) economically or technologically unjustified refusal or evasion form concluding a contract with individual purchasers (customers) in the case when there are possibilities for production or delivery of the relevant commodity as well as in the case if such refusal or evasion is not provided for directly by the federal laws, statutory legal acts of the President of the Russian Federation, the Government of the Russian Federation, authorized federal bodies of executive authority or judicial acts;
6) economically, technologically or in any other way unjustified establishment of different prices (tariffs) for one and the same commodity if another is not established by the law;
7) establishment of unjustifiably high or unjustifiably low price of a financial service by a financial organization;
8) creation of discriminatory conditions;
9) creation of barriers to entry into the commodity market or leaving from the commodity market for the other economic entities;
10) violation of the procedure of pricing established by statutory legal acts.
2. An economic entity has the right to provide evidence that its actions (inaction) stated in part 1 of the present article (except actions indicated in items 1, 2, 3, 5, 6, 7 and 10 of part 1 of the present article) can be recognized as eligible in accordance with the requirements of part 1 of article 13 of the present Federal Law.
3. Government of the Russian Federation establishes rules of access to the commodities of the subjects of natural monopolies, aimed at prevention of creating conditions which place one consumer in unequal position in comparison with the other consumers of commodities of the subjects of natural monopolies.
4. Requirements of the present article are not extended over the actions on implementation of exclusive rights for the results of intellectual activity and equalized to them means of individualization of a legal person, means of individualization of production, executed works or rendered services.


Article 11. Prohibition of Agreements Restricting Competition or Concerted Practices of Economic Entities

1. Agreements between economic entities or concerted practices of economic entities in the commodity market are forbidden if such agreements or concerted practices lead or can lead to:
1) establishment or maintaining of prices (tariffs), discounts, markups (extra charges), margins;
2) raising, lowering, or maintaining of prices at tenders;
3) division of the commodity market according to the territorial principle, the volume of sales or purchases of commodities, the range of sold products or composition of sellers or purchasers (customers);
4) economically or technologically unjustified refusal from concluding contracts with certain sellers or purchasers (customers) if such refusal is not provided for directly by the federal laws, statutory legal acts of the President of the Russian Federation, statutory legal acts of the Government of the Russian Federation, statutory legal acts of the authorized federal bodies of executive authority or judicial acts;
5) imposing on a counterparty of contractual terms which are disadvantageous for the latter or are not connected with the subject of agreement (unjustified requirements of transfer of funds, other property, including property rights, as well as consent to conclude a contract on conditions of including in it of provisions, concerning the commodity in which the counterparty is not interested and other requirements);
6) economically, technologically or in any other way unjustified establishment of different prices (tariffs) for one and the same commodity;
7) reduction or cutting off the production of commodities for which there is a demand or the orders for their delivery are placed and there is possibility of their profitable production;
8) creation of barriers to entry into the commodity market or exit from the commodity market for the other economic entities;
9) establishment of conditions for the membership (participation) in professional and other associations, if such conditions lead or can lead to prevention, restriction or elimination of competition, as well as to establishment of unjustified membership criteria which are barriers to the participation in payment or other systems without participation in which competing financial organizations would not be able to provide the necessary financial services.
2. Other types of agreements between economic entities (except «vertical» agreements which are recognized permissible in accordance with article 12 of the present Federal Law) or other concerted practices of economic entities are forbidden if such agreements or concerted practices lead or can lead to restriction of competition.
3. Natural persons, commercial organizations and non-commercial organizations are forbidden to coordinate economic activity of economic entities if such coordination leads or can lead to the consequences indicated in part 1 of the present article.
4. An economic entity has the right to provide evidence that the agreements reached by it or concerted practices fulfilled by it can be recognized eligible in accordance with article 12 and part 1 of article 13 of the present Federal Law.

Article 12. Permissibility of «Vertical» Agreements

1. «Vertical» agreements in written form (except «vertical» agreements between financial organizations) are permitted if these agreements are agreements of commercial concession.
2. «Vertical» agreements between economic entities (except «vertical» agreements between financial organizations) are permitted if the share of each economic entity in any commodity market does not exceed twenty percent.

Article 13. Permissibility of Actions (Inaction), Agreements, Concerted Practices, Transactions, Other Actions

1. Actions (inaction) of economic entities provided for in part 1 of article 10 of the present Federal Law (except actions (inaction) stated in items 1, 2, 3, 5, 6, 7 and 10 of part 1 of article 10 of the present Federal Law), agreements and concerted practices provided for in parts 2 and 3 of art. 11, deals, other actions provided for in articles 27-30 of the present Federal Law can be recognized as permissible if such actions (inaction), agreements and concerted practices, transactions, other actions do not create for particular persons opportunity to eliminate competition in the relevant commodity market, do not impose restrictions superfluous for achievement of the goal of these actions (inaction), agreements and concerted practices, transactions, other actions on the participants or third persons and also if they result or can result in:
1) perfection of production, sale of goods or stimulation of technical, economic progress or raising of competitive capacity of the Russian goods in the world market;
2) obtaining by consumers of benefits (advantages) which are proportionate to the benefits (advantages) obtained by the economic entities in the result of actions (inaction), agreements and concerted practices, transactions, other actions.
2. The Government of the Russian Federation has the right to determine the cases of permissibility of agreements and concerted practices meeting the conditions stated in items 1 and 2 of part 1 of the present article (general exemptions). General exemptions, concerning agreements and concerted practices indicated in part 2 of article 11 of the present Federal Law, are defined by the Government of the Russian Federation on proposal of the federal antimonopoly authority, are introduced for a specific period of time and provide for:
1) type of agreement or concerted practice;
2) conditions which cannot be considered as permissible in regard to such agreements or concerted practices;
3) obligatory conditions for ensuring competition which should be contained in such agreements;
4) obligatory conditions under which such concerted practices are permissible.
3. General exemptions can provide, alongside with the conditions indicated in part 2 of the present article, for the other conditions which agreements and concerted practices should satisfy.

Article 14. Prohibition of Unfair Competition

1. Unfair competition is not permitted, including:
1) dissemination of false, inaccurate, or distorted information, which can inflict losses on economic entity or cause damage to its business reputation;
2) misrepresentation concerning the nature, method, and place of manufacture, consumer characteristics, quality and quantity of à commodity or concerning its producers;
3) incorrect comparison by an economic entity of the products manufactured or sold by it with the products manufactured or sold by other economic entities;
4) sale, exchange or other way of input of a commodity into circulation if there was illegal use of the results of intellectual activity and equalized to them means of individualization of a legal person, means of individualization of production, works, services;
5) illegal receipt, use, and disclosure of information constituting commercial, official or other protected by law secret.
2. Unfair competition connected with acquisition and use of exclusive rights for the means of individualization of a legal person, means of individualization of production, works, services is not permitted.
3. Decision of the Federal Antimonopoly Authority concerning violation of the provisions of part 2 of the present article concerning acquisition and use of exclusive rights to a trademark is sent by an interested party to the federal executive authority for intellectual property for recognizing invalid the legal protection granted to this trademark.

Chapter 3. Prohibition of Acts, Actions (Inactions), Agreements, Concerted Practices of Federal Bodies of Executive Authority, Public Authorities of the Subjects of the Russian Federation, Bodies of Local Self-Government, Other Bodies or Organizations Exercising the Functions of the Above-Mentioned Bodies, as well as Public Off-Budget Funds, the Central Bank of the Russian Federation that Restrict Competition

Article 15. Prohibition of Acts and Actions (Inactions) of Federal Bodies of Executive Authority, Public Authorities of the Subjects of the Russian Federation, Bodies of Local Self-Government, Other Bodies or Organizations Exercising the Functions of the Above-Mentioned Bodies, as well as Public Off-Budget Funds, the Central Bank of the Russian Federation that Restrict Competition

1. It is forbidden for federal bodies of executive authority, public authorities of the subjects of the Russian Federation, bodies of local self-government, other bodies or organizations exercising the functions of the above-mentioned bodies, as well as public off-budget funds, the Central Bank of the Russian Federation to pass acts and (or) exercise actions (inaction) which lead or can lead to prevention, restriction, elimination of competition, except the cases of passing acts or exercising of actions (inaction) provided for by the federal laws, in particular, the following is forbidden:
1) introduction of restrictions concerning creation of economic entities in any sphere of activity as well as imposition of bans or introduction of restrictions concerning exercising specific activities or production of certain types of products;
2) unjustified prevention of economic entity from exercising activities;
3) imposition of bans or introduction of restrictions concerning free movement of products on the territory of the Russian Federation, other restrictions of the rights of economic entities for sale, purchase, other acquisition, exchange of commodities;
4) issuing requests to economic entities on priority supply of products for a certain category of purchases (customers) or on conclusion of contracts in priority order;
5) imposition of restrictions for purchasers of products on the choice of economic entities which provide such products.
2. It is forbidden to vest public authorities of the Russian Federation Subjects, bodies of local self-government with powers execution of which lead or can lead to prevention, restriction or elimination of competition, except cases provided for by federal laws.
3. It is forbidden to combine functions of federal bodies of executive authority, public authorities of the subjects of the Russian Federation, bodies of local self-government, other authority bodies or bodies of local self-government and functions of economic entities, except the cases provided for by federal laws, Decrees of the President of the Russian Federation, Regulations of the Government of the Russian Federation, as well as granting economic entities with functions and rights of the above-mentioned bodies, including the functions and the rights of the bodies of state control and supervision.

Article 16. Prohibition of Agreements or Concerted Practices of Federal Bodies of Executive Authority, Public Authorities of the Subjects of the Russian Federation, Bodies of Local Self-Government, Other Bodies or Organizations Exercising the Functions of the Above-Mentioned Bodies, as well as Public Off-Budget Funds, the Central Bank of the Russian Federation that Restrict Competition

Agreements between federal bodies of executive authority, public authorities of the subjects of the Russian Federation, bodies of local self-government, other bodies or organizations exercising the functions of the above-mentioned bodies, as well as public off-budget funds, the Central Bank of the Russian Federation or between them and economic entities or execution of concerted practices by these bodies and organizations are forbidden if such agreements or such execution of concerted practices lead or can lead to prevention, restriction or elimination of competition, in particular, to:
1) increase, decrease or maintaining of prices (tariffs) except the cases when such agreements are provided for by federal laws or statutory legal acts of the President of the Russian Federation, statutory legal acts of the Government of the Russian Federation;
2) economically, technologically or in any other way unjustified establishment of different prices (tariffs) for one and the same commodity;
3) division of the commodity market according to the territorial principle, volume of sale or purchase of commodities, range of sold products or composition of sellers or purchasers (customers);
4) restriction of entry into a commodity market (exit from a commodity market) or removal of economic entities from it.

Chapter 4. Antimonopoly Requirements to Tenders and Peculiarities of Selection of Financial Organizations

Article 17. Antimonopoly Requirements to Tenders

1. The actions that lead can lead to prevention, restriction or elimination of competition in the course of tender are prohibited, including:
1) coordination of activities of the participants of tenders by the tenders' organizers or customers;
2) creation of preferential conditions for participation in the tender to one or several participants, including by means of access to information, unless otherwise is determined by the Federal Law;
3) violation of the order of procedure of estimation of a winner or winners of the tender;
4) participation in the tender of the tender's organizers or of the tender's customers and (or) employees of the tender's organizers or employees of the tender's customers.
2. Alongside with the established by part 1 of the present article prohibitions concerning tenders' procedure, if the tender's organizers or the tender's customers are federal bodies of executive authority, executive authorities of the subjects of the Russian Federation, bodies of local self-government, public off-budget funds, as well as during tenders' procedure on placement of orders for goods, works and services for state and municipal needs it is forbidden to restrict access to participation in tenders which is not provided for by the federal laws or other statutory legal acts.
3. Alongside with the established by part 1 and 2 of the present article prohibitions concerning tenders' procedure on placement of orders for goods, works and services for state and municipal needs it is forbidden to restrict competition by means of including in the tenders' lots structure of production (goods, works, services) which technologically and functionally are not connected with goods, works, services which provision, execution, rendering are the subject of the tender.
4. Violation of the rules established by the present article is a ground for the court to admit invalid the relevant tender and the transactions concluded in the result of such tender, including at the suit of the antimonopoly authority.

Article 18. Peculiarities of Selection of Financial Organizations

1. The federal bodies of executive authority, executive authorities of the subjects of the Russian Federation, bodies of the local self-government, state off-budget funds, subjects of natural monopolies select financial organizations by means of holding open tender or open auction in accordance with provisions of the federal law on placement of orders for goods, works and services for state and municipal needs for providing the following financial services:
1) attraction of the funds of legal person in;
2) opening and keeping of accounts of legal persons, settlement on these accounts;
3) credit granting;
4) encashment of funds, bills, payment and account documents and cash servicing of legal persons;
5) issue of bank guarantees;
6) services in the securities market;
7) leasing services;
8) property insurance;
9) personal insurance, including medical insurance;
10) private pension insurance;
11) liability insurance.
2. Violation of the rules established by part 1 of the present article is a ground for the court to admit invalid the relevant transactions or tenders, including at the suit of an antimonopoly authority.


Chapter 5. Granting of State or Municipal Aid

Article 19. State or Municipal Aid

1. In accordance with competences of the bodies of public authority or bodies of local self-government, state or municipal aids can be granted with the aim of:
1) ensuring vital functions of population in the regions of remote North and territories equated with it;
2) carrying out fundamental research works;
3) protection of environment;
4) development of culture and conservation of cultural heritage;
5) production of agricultural products;
6) support of the subjects of small business exercising priority types of activity;
7) social service of the population;
8) social support of unemployed citizens and employment assistance.
2. The following is not state or municipal aids:
1) provision of advantages to a person as a result of defined by the federal laws actions of the authorized body, on the basis of court decision coming into legal force, as the results of tender or in any other way provided for by the federal law on placement of orders for goods, works and services for state and municipal needs;
2) securing of state or municipal property for economic entities on the rights of economic administration or day-to-day management;
3) transfer, granting, distribution of state or municipal property to individuals for the purposes of liquidation of the consequences of emergency situations, military operations and conducting counter-terrorist operations;
4) granting of monetary funds (budgetary credits, grants, subventions, budgetary investments) from budget of the subject of the Russian Federation for the relevant year, local budget for the relevant year to each person which applied for monetary funds and conforms to the established in the law or statutory legal act requirements on the type of recipient's activity and place of its fulfillment by the recipient, provided for by the law of the subject of the Russian Federation on budget for the relevant financial year or by legal act of the representative body of local self-government on budget for the relevant financial year.

Article 20. Procedure of Granting of State or Municipal Aids

1. State or municipal aids are granted on preliminary consent of the antimonopoly authority in written form, except the cases if state or municipal aids are granted:
1) in accordance with the federal law;
2) in accordance with the law of the subject of the Russian Federation on budget for the relevant financial year;
3) in accordance with the legal act of the representative body of local self-government on budget for the relevant financial year;
4) at the cost of reserved fund of the body of executive authority;
5) at the cost of reserved fund of the body of local self-government.
2. The federal body of executive authority, body of executive authority of the subject of the Russian Federation, body of local self-government intending to grant state or municipal aids sends in an application to the antimonopoly authority to get consent to such aids granting. The following is attached to the application:
1) draft act which provides for state or municipal aids granting with indication of the aims of state or municipal aids and amount of such aids if it is granted by means of transference of state or municipal property;
2) enumeration of types of activity implemented by the economic entity, to which state or municipal property is planned to be granted, within two years preceding the date of submitting the application or within the period of implementation of the activity if it is less than two years as well as copies of the documents confirming the right for implementation of the types of activity if, in accordance with the law, a special permit is necessary for its implementation;
3) description of types of products, volume of products produced and sold by the economic entity, to which state or municipal property is planned to be granted, within two years preceding the date of submitting the application or within the period of implementation of the activity if it is less than two years, together with indication of nomenclature codes of the types of products;
4) the last balance sheet preceding the date of submitting application of the economic entity, to which state or municipal property is planned to be granted or other documentation provided for by the Russian Federation legislation on dues and fees if the economic entity does not submit its balance sheet to taxation bodies;
5) a list of persons included into one group of persons with the economic entity, to which state or municipal property is planned to be granted, indicating the grounds on which such persons are included in this group of persons.
3. Additional list of documents which are submitted to the antimonopoly authority together with the application for consent to grant state or municipal aid can be established by the Government of the Russian Federation.
4. The antimonopoly authority examines the submitted application and documents and takes decision on the application within the period not more than two months from the date of receipt of the application and documents. If in the process of examination of the submitted application and documents the antimonopoly authority takes decision that the actions specified in the application, and for which implementation consent of the antimonopoly authority is obtaining, are not state or municipal aids, the antimonopoly authority notifies the applicant that for implementation of such actions there is no need for the antimonopoly bodies' consent.
5. Having examined application on consent to grant state or municipal aid the antimonopoly authority takes the following decisions:
1) to satisfy the application if state or municipal aids are granted with the aims stated in part 1 of article 19 of the present Federal Law and its granting can not lead to elimination or prevention of competition;
2) to prolong the term of examination of the application if in the course of the application's examination the antimonopoly authority comes to the conclusion that granting of such aids can lead to elimination or prevention of competition as well as possible noncompliance of such aids with the aims indicated in part 1 of article 19 of the present Federal Law and that there is a necessity to get additional information for making decision provided for by items 1, 3 or 4 of the present part. The term of the application's examination can be prolonged for a period not more than two months. The antimonopoly authority notifies the applicant immediately after adoption of such decision;
3) to refuse to satisfy the application if state or municipal aids do not comply with the aims indicated in part 1 of article 19 of the present Federal Law or if its granting can lead to elimination or prevention of competition;
4) to satisfy the application and impose restrictions regarding granting of state or municipal aid. Such decision is taken by the antimonopoly authority for ensuring conformity of the state aids with the aims stated in part 1 of article 19 of the present Federal Law and decrease of the negative influence of such aids on competition. The restrictions can be:
à) deadline for granting of state or municipal aids;
b) circle of persons to whom state or municipal aids can be granted;
c) amount of state or municipal aids in case of transference, granting,
distribution of state or municipal property;
d) specific aims of granting of state or municipal aids;
e) other factors which can influence on conditions of competition.
6. The applicant is obliged to submit documents confirming the compliance with the restrictions to the antimonopoly authority within the period not exceeding one month from the date of granting of state or municipal aid, in the case if the antimonopoly authority takes the decision provided by item 4 of part 5 of the present article basing on the results of examination.

Article 21. Consequences of Violation of Requirements of the Present Federal Law during Granting and Usage of State or Municipal Aid

1. The acts, including those at the suit of the antimonopoly authority, can be admitted entirely or partly invalid by court, in case if the acts on granting of state or municipal aid were not preliminary submitted to the antimonopoly authority, except the acts provided for by items 1 - 3 of part 1 of article 20 of the present Federal Law. In case when the court admits the act on granting of state or municipal aid entirely or partly invalid the antimonopoly authority issues to the federal body of executive authority, body of executive authority of the subject of the Russian Federation, body of local self-government which granted state or municipal aid a direction to take measures to return the property that was transferred while allocating state or municipal aid, if state or municipal aid were granted by means of transference of state or municipal property.
2. Acts, indicated in items 2 and 3 of part 1 of article 20 of the present Federal Law, as well as the acts on granting of aid at the cost of reserved funds of the bodies of executive authority of the subjects of the Russian Federation or the acts on granting of aid at the cost of reserved funds of the bodies of local self-government can be admitted by court invalid in the part concerning granting of state or municipal aid, including at the suit of the antimonopoly authority if implementation of these acts leads or can lead to prevention or elimination of competition.
3. In the case when in the course of exercising control of use of state or municipal aid the antimonopoly authority establishes inadequacy of its use to the aims declared in the application, the antimonopoly authority issues to the federal body of executive authority, body of executive authority of the subject of the Russian Federation, body of the local self-government, which granted such aid, a direction to take measures to return the property that was transferred while allocating state or municipal aid, if state or municipal aid were granted by means of transference of state or municipal property, or a direction to take measures to stop the use of advantages by the economic undertaking which got state or municipal aid if state or municipal aid were granted in other form.

Chapter 6. Functions and Authorities of the Antimonopoly Authority

Article 22. Functions of the Antimonopoly Authority

The antimonopoly authority fulfills the following main functions:
1) ensures state control over observance of the antimonopoly legislation by federal bodies of executive authority, public authorities of the subjects of the Russian Federation, bodies of local self-government, other bodies or organizations exercising the functions of the above-mentioned bodies, public off-budget funds, economic entities, natural persons;
2) reveals violations of the antimonopoly legislation, takes measures to stop violations of the antimonopoly legislation and calls to account for such violations;
3) prevents monopolistic activity, unfair competition, other violations of the antimonopoly legislation by federal bodies of executive authority, public authorities of the subjects of the Russian Federation, bodies of local self-government, other bodies or organizations exercising the functions of the above-mentioned bodies, public off-budget funds, economic entities, natural persons;
4) implements state control over economic concentration in the sphere of use of land, interiors of the Earth, water and other natural resources, including control in the course of tenders in the cases provided for by the federal laws.

Article 23. Authorities of the Antimonopoly Authority

1. The antimonopoly authority fulfills the following authorities:
1) initiates and examines cases of violation of the antimonopoly law;
2) issues binding directions to economic entities in cases stated by this Federal Law:
à) on termination of concerted practices restricting competition and (or) termination of agreements restricting competition and fulfillment of actions aimed at ensuring competition;
b) on termination of abuse of dominant position by economic entity and fulfillment of actions aimed at ensuring competition;
c) on termination of violation of rules of non-discriminative access to products;
d) on termination of unfair competition;
e) on prevention of actions which can be obstacle for beginnings of competition and (or) can lead to prevention, restriction or elimination of competition and violation of the antimonopoly legislation;
f) on elimination of the consequences of violation of the antimonopoly legislation;
g) on termination of other violations of the antimonopoly legislation;
h) on restoration of the situation that existed prior to the violation of the antimonopoly legislation;
i) on conclusion of contracts, change of contractual terms or abrogation of contracts in the case if in the course of examination by the antimonopoly authority of the case of violation of the antimonopoly legislation the persons whose rights were breached or can be breached applied the relevant application or in the case when the antimonopoly authority exercises state control over economic concentration;
j) on transference of the profit gained in the result of breach of the antimonopoly legislation to the federal budget;
k) on change or restriction of use of brand name in the case if in the course of examination by the antimonopoly authority of the case of violation of the antimonopoly legislation the persons whose rights were breached or can be breached applied the relevant application or in the case when the antimonopoly authority exercises state control over economic concentration;
l) on fulfillment of economic, technical, informational, and other requirements on elimination of discriminative conditions and prevention of its creation;
m) on fulfillment of actions aimed at ensuring of competition, including actions on ensuring of access to production facilities or information according to the order established be the federal law or other statutory legal acts, on granting a right to facilities of industrial property protection according to the order established be the federal law or other statutory legal acts, on transference of property rights or prohibition of transference of property rights, on preliminary informing of the antimonopoly authority about intention to fulfill actions provided for in the defenitions;
3) issues binding directions to the federal bodies of executive authority, public authorities of the subjects of the Russian Federation, bodies of local self-government, other bodies or organizations exercising the functions of the above-mentioned bodies, public off-budget funds, as well as their officials, except the cases established by item 4 of the present article:
à) on cancellation or amendment of acts violating the antimonopoly legislation;
b) on cancellation or amendment of contracts violating the antimonopoly legislation;
c) on termination of other violations of the antimonopoly legislation;
d) on fulfillment of actions aimed at ensuring competition.
4) sends to the federal body of executive authority of the securities market, the Central Bank of the Russian Federation proposals on bringing in correspondence with the antimonopoly legislation of acts adopted by them and (or) on remission of actions if such acts and (or) actions violate the antimonopoly legislation;
5) brings to responsibility for violation of the antimonopoly legislation commercial organizations, non-commercial organizations, their officials, officials of the federal bodies of executive authority, of the bodies of executive authority of the subjects of the Russian Federation, of the bodies of local self-government, and of other bodies or organizations exercising the functions of the said bodies, as well as other officials of the public off-budget funds, natural persons, including individual entrepreneurs in the cases and in accordance with the procedure established by legislation of the Russian Federation;
6) applies to arbitration court with claims and applications concerning violations of the antimonopoly legislation, including claims and applications:
à) on admitting invalid either invalid fully or partially contradicting with antimonopoly legislation of statutory legal acts or non-normative acts of federal bodies of executive authority, public authorities of the subjects of the Russian Federation, bodies of local self-government, other bodies or organizations exercising the functions of the above-mentioned bodies, as well as public off-budget funds, the Central Bank of the Russian Federation;
b) on admitting ineffective or invalid fully or partially of contracts not conforming to the antimonopoly legislation;
c) on obligatory conclusion of a contract;
d) on changing or canceling of a contract;
e) on liquidation of legal persons in the cases provided by the antimonopoly legislation;
f) on recovery of the profit gained in the result of violation of the antimonopoly legislation to the federal budget;
g) on bringing responsobility for violation of the antimonopoly law of persons that allowed such violation of the antimonopoly legislation;
h) on admitting tenders invalid;
i) on forcing to execution of decisions and directions of the antimonopoly authority;
j) in other cases provided for by the antimonopoly legislation;
7) participates in examination by the court or the arbitration court of the cases connected with application and (or) violation of the antimonopoly legislation;
8) keeps the register of economic undertakings holding over thirty five percent share in the certain commodity market. The order of forming and keeping the register is established by the Russian Federation Government;
9) posts on the website of the antimonopoly authority in Internet decisions and directions concerning the interests of indefinite range of persons;
10) establishes dominant position of economic undertaking in the course of examination of the case of violation of the antimonopoly legislation and while exercising control over economic concentration;
11) controls compliance with the antimonopoly legislation of commercial organizations, non-commercial organizations, federal bodies of executive authority, bodies of public authority of the subjects of the Russian Federation, bodies of local self-government, other bodies or organizations exercising the functions of the above-mentioned bodies, as well as by public off-budget funds, natural persons, gets from them the necessary documents and information, explanations in written and verbal form, and in accordance with the procedure established by the legislation of the Russian Federation applies to the agencies discharging operative investigatory activities with request to carry out operative investigations;
12) exercises, according to the procedure established by the Government of the Russian Federation, control over the activity of economic undertakings ensuring organization of trade in the markets of certain products, for example electrical energy (capacity) market in the conditions of stopping of the state regulation of prices (tariffs) for such products;
13) exercises other authorities provided for by the present Federal Law, other federal laws, Decrees of the Present of the Russian Federation, Regulations of the Government of the Russian Federation.
2. Alongside with the authorities indicated in part 1 of the present article the federal antimonopoly authority exercises the following authorities:
1) approves the forms of presenting data to the antimonopoly authority during the conclusion of transactions and (or) actions provided by article 32 of the present Federal Law;
2) approves methodology of determination of an unjustifiably high and unjustifiably low price of a credit organization's service and methodology of determination of justification for a price set by a dominant credit organization for a service not provided by other financial organizations, on coordination with the Central Bank of the Russian Federation;
3) approves the procedure of conducting analysis of condition of competition in order to establish dominant position of an economic undertaking and to reveal other cases of prevention, restriction or elimination of competition (procedure of conducting analysis of condition of competition in order to establish dominant position of a financial organization is approved by the federal antimonopoly authority , on coordination with the Central Bank of the Russian Federation);
4) issues legal statutory acts provided for by the present Federal Law;
5) gives explanations on issues connected with application of the antimonopoly legislation by it;
6) gives conclusions, in accordance with the established procedure, on presence or absence of indications of restriction of competition during introduction, change or termination of current customs tariffs and during introduction of special protective, antidumping and compensation measures;
7) submit proposals to licensing bodies on cancellation, revocation of economic undertakings' violating the antimonopoly legislation licenses for exercising some types activities or suspension of such licenses;
8) cooperates with international organizations and State bodies of foreign countries, participates in development and implementation of international treaties of the Russian Federation and the work of intergovernmental or interdepartmental commissions coordinating international cooperation of the Russian Federation, implementation of international programs and projects on the questions of protection of competition;
9) sums up and analyzes the practice of application of the antimonopoly legislation, works out recommendations on its application;
10) annually submits report on condition of competition in the Russian Federation to the Government of the Russian Federation and posts it in the website of the antimonopoly authority in Internet.

Article 24. Rights of the Antimonopoly Authority's Employees during Inspections of Observance of the Antimonopoly Legislation

Officials of the antimonopoly authority have the right to impeded access to federal bodies of executive authority, bodies of executive authority of the subjects of the Russian Federation, bodies of local self-government, other bodies or organizations exercising the functions of the above-mentioned bodies, as well as to public off-budget funds, commercial and non-commercial organizations for getting documents and information necessary to the antimonopoly authority in the course of examination of application on violation of the antimonopoly legislation, investigation of the cases of violation of the antimonopoly legislation, control over economic concentration and defining condition of competition in accordance with their authorities and having introduced their certificates and decision on examination of the Head (Deputy Head) of the antimonopoly authority. The procedure of execution of examination of observance of the antimonopoly legislation is established by the federal antimonopoly authority.

Article 25. Obligation to Provide Information to the Antimonopoly Authority

1. Commercial organizations and non-commercial organizations (their management), federal bodies of executive authority of the Russian Federation (their officials), bodies of public authority of the Subjects of the Russian Federation (their officials), bodies of local self-government (their officials), other bodies or organizations exercising the functions of the above-mentioned bodies, as well as public off-budget funds (their officials), natural persons, including individual entrepreneurs, are obliged to provide the antimonopoly authority on its motivated request with documents, explanations in written or verbal form and information (including information constituting commercial, official, other legally protected secret) necessary to the antimonopoly authority, in accordance with its authorities, for examination of application on violation of the antimonopoly legislation, for examination of the cases of violation of the antimonopoly legislation, for exercising control over economic concentration and for defining condition of competition.
2. The Central Bank of the Russian Federation is obliged to produce its standard acts and other information necessary for making analysis of the condition of competition in the market of services of credit organizations and execution of control over its condition, except the information constituting banking secret, on letter of inquiry of the federal antimonopoly authority.
3. Information constituting commercial, official or other legally protected official secret is produced to the antimonopoly authority in accordance with the requirements established by the federal laws.

Article 26. Obligation of the Antimonopoly Authority to Observe Commercial, Official, and Other Legally Protected Secret

1. Information constituting commercial, official, and other legally protected secret and obtained by the antimonopoly authority in the process of execution of its authorities, must not be disclosed except the cases established by the federal laws.
2. Employees of the antimonopoly authority bears civil, administrative, criminal liability for disclosing information constituting commercial, official, other legally protected secret.
3. The damage inflicted on a natural or a legal person in the result of disclosure of information constituting commercial, official, other legally protected secret by the antimonopoly authority or its officials must be compensated at the expense of the Russian Federation treasury.

Chapter 7. State Control over Economic Concentration

Article 27. Incorporation and Restrusturing of Commercial Organizations subject to the Antimonopoly Authority prior consent

1. The following actions shall only be performed with the antimonopoly authority's prior consent:
1) the merger of commercial organizations (with the exception financial institutions), if the aggregate value of the assets thereof (assets of their group of persons) in accordance with the accounting balance sheets as at the latest reporting date preceding the date of submission of the petitions (hereinafter, the latest balance sheet, in case of submission of a notice, shall be deemed to be the accounting balance sheet as at the latest reporting date preceding the date of submission of the notice) exceeds three billion Rubles ot if the aggregate revenues from sale of commoditites of such organisations (their group of persons) for the calendar year preceding the merger exceed six billion Rubles, or where one of the organisations is encluded into the register of economic entities because its share in a particular commodity market exceeds thirty five percent (hereinafter the register);
2) the consolidation of one commercial organization (with the exception of a financial institution) with another commercial organization (with the exception of a financial institution) if the aggregate value of the assets thereof (assets of their groups of persons) in accordance with their latest balance sheets exceeds three billion Rubles or if the aggregate revenues from the sale of commodities of such organizations (their group of persons) from the calendar year preceding the consolidation year exceed six billion Rubles or where one of the organizations is listed in the register;
3) the merger of financial institutions or consolidation of one financial institution with another financial institution, if the aggregate value of the assets thereof in accordance with their latest balance sheets exceeds the amount established by the Government of the Russian Federation (in case of a merger or consolidation of landing institutions, this amount shall be established by the Government of the Russian Federation in coordination with the Central Bank of the Russian Federation);
4) the incorporation of a commercial organization if its authorized capital shall be paid by stocks (shares) and (or) property of another commercial organization (with the exception of a financial institution), the commercial organization being incorporated shall acquire, in respect of these stocks (shares) and (or) property, the rights stipulated by Article 28 of the present Federal Law, and the aggregate value of the assets in accordance with the latest balance sheets of the organisation's founders (their group of persons) and persons (their groups of persons) whose stocks (shares) and (or) property are contributed to the authorized capital, exceeds three billion Rubles or if the aggregate revenues from the sale of commodities of the organisation's founders (their groups of persons) and persons (their groups of persons) whose stocks (shares) and (or) property are being contributed to the authorized capital exceed six billion Rubles or if the organization whose stocks (shares) and (or) property are contributed to the authorized capital is entered in the register;
5) the incorporation of a commercial organization if the authorized capital thereof shall be paid by stocks (shares) or assets of a financial institution, the commercial organization being incorporated shall acquire, in respect of these stocks (shares) or assets, the rights stipulated by Article 29 of the present Federal Law, and the aggregate value of the assets in accordance with the latest balance sheet of the financial institution whose stocks (shares) or assets are being contributed to the authorized capital exceeds the amount established by the Government of the Russian Federation (in case of the stocks (shares) or assets of a financial institution are being contributed to the authorized capital this amount is established by the Government of the Russian Federation in coordination with the Central Bank of the Russian Federation).
2. The requirement for obtaining the antimonopoly authority's prior consent to the performance of actions which stipulated by Part 1 of the present Article shall not apply where such actions are performed subject to the conditions stipulated by Article 31 of the present Federal Law or the performance of such actions are stipulated be acts of the President of the Russian Federation or acts of the Government of the Russian Federation.

Article 28. Transactions with Shares (Onership Interest), the Property of Commercial Organizations, or Rights in respect of Commercial Organizations Subject to the Antimonopoly Authority's Prior Consent

1. If the aggregate value of assets in accordance with the latest balance sheets of persons (groups of persons) acquiring stocks (shares), rights and (or) property and the person (group of persons) whose stocks (shares) and (or) property and (or) rights concerning whom are being acquired exceeds three billion Rubles or if their aggregate revenues from the sale of commodities for the latest calendar year exceeds six billion Rubles and the assets value according to the latest balance sheet of the person (group of persons) whose stocks (shares) and (or) property and (or) rights are being acquired exceeds one hundred and fifty million Rubles, or if one the mentioned persons is included in the Register, the following transactions with stocks (shares), rights and (or) property shall be conducted subject to the antimonopoly authority's prior consent:
1) the acquisition by a person (group of persons) of voting stocks of a joint-stock company if such person (group of persons) acquires the right to manage more than twenty five percent of the stocks prior to this acquisition such person (group of persons) did not manage the voting stocks of the joint-stock company or manages less than twenty five percent of voting stocks of the joint stock company. This requirement shall not apply to the founders of the joint-stock company during its incorporating;
2) the acquisition by a person (group of persons) of shares in the authorized capital of a limited liability company if such person (group of persons) acquires the right to manage more than one third of stocks in the authorized capital of the company provided that prior to this acquisition such person (group of persons) did not manage any stock of this particular company or managed less than one third of stocks in the authorized capital of the company. This requirement shall not apply to the founders of the limited liability company during its incorporation;
3) the acquisition of shares in the authorized capital of a limited liability company by a person (group of persons), managing not less than one third of the stocks and not more than fifty percent of the stocks in the authorized capital of the company if such person (group of persons) acquires the right to manage more than fifty percent of the shares;
4) acquisition by a person (a group of persons) administering not less than twenty five percent and not more than fifty percent of voting stocks of a joint stock company, of the voting stock of such joint stock company if this person (a group of persons) gets the right to administer more than fifty percent of these voting stocks;
5) acquisition of shares in the authorized capital of a limited company by a person (a group of persons) administering not less than fifty percent and not more than two thirds of shares in the authorized capital of this company if this person (a group of persons) gets the right to administer more than two thirds of the indicated shares;
6) acquisition by a person (a group of persons) administering not less than fifty percent and not more than seventy five percent of voting stocks of a joint stock company if this person (a group of persons) gets the right to administer more than seventy five percent of such voting stocks;
7) obtaining by an economic entity (a group of entities) of fixed production assets and (or) non-material assets of another economic entity (with the exception of a financial organization) in possession, usage or ownership, if the balance value of property which constitutes the subject of transaction or mutually related transactions exceeds twenty percent of the property book value of the fixed production assets and non-material assets of the economic entity alienating or transferring the property;
8) acquisition by a person (a group of persons) in the result of one or several transactions including transactions based on agreement on trust management, joint activity or agency contract, of rights enabling to determine the terms of exercising business activity of the economic entity (except a financial organization) or exercise the functions of its executive body.
2. Requirement provided for by part 1 of the present article on getting preliminary consent of the antimonopoly authority for execution of actions is not applied if the actions stated in part 1 of the present article are exercised in accordance with the conditions established in article 31 of the present Federal Law or if their execution is provided for by the acts of the President of the Russian Federation or acts of the Government of the Russian Federation or if the transactions are exercised with stocks (shares) of financial organizations.

Article 29. Transactions with Stocks (Shares), Assets of Financial Institutions and Rights in respect of Financial Institutions Subject to the Antimonopoly Authority 's Prior Consent

1. If the value of the assets according to the latest balance sheet of a financial institution exceeds the amount established by the Government of the Russian Federation (in case of conclusion of transactions with stocks (shares), assets of a lending institutions or with rights in respect of a lending institution, this amount shall be established by the Government of the Russian Federation in coordination with the Central Bank of the Russian Federation), the following transaction with stocks (shares), assets of a financial institutions or with rights in respect of a financial institution shall be conducted subject to the antimonopoly authority's prior consent:
1) the acquisition by a person (group of persons) of voting stocks of a joint-stock company if this person (group of persons) acquires the right to manage more than twenty five percent of the voting stocks provided that prior to this person (group of persons) did not manage the voting stocks of the joint-stock company This requirement shall not apply to the founders of the financial institution during its incorporation;
2) the acquisition by a person (a group of persons) of stocks in the authorized fund of a company of limited liability if this person (a group of persons) gets the right to administer more than one third of stocks in the authorized fund of this particular company on the condition that before the acquisition such person (a group of persons) did not administer stocks of this company or administered less than one third of stocks in the authorized fund of the mentioned company. This requirement is not applied to the promoters of a financial organization during its foundation;
3) acquisition of stocks in the authorized fund of a company of limited liability by a person (a group of persons) administering not less than one third of stocks and not more than fifty percent of stocks in the authorized fund of this company if this person (a group of persons) gets the right to administer more than fifty percent of the mentioned stocks;
4) acquisition of voting stocks of a joint stock company by a person (a group of persons) administering not less than twenty five percent and not more than fifty percent of voting stocks of a joint stock company if this person (a group of persons) gets the right to administer more than fifty percent of such voting stocks;
5) acquisition of shares in the authorized fund of a company of limited liability by a person (a group of persons) administering not less than fifty percent and more than two thirds of stocks in the authorized fund of this company if this person (a group of persons) gets the right to administer more than two thirds of the mentioned stocks;
6) acquisition of voting stocks of a joint stock company by a person (a group of persons) administering not less than fifty percent and not more than seventy five percent of voting stocks of a joint stock company if this person (a group of persons) gets the right to administer more than seventy five percent of such voting stocks;
7) acquisition by a person (a group of persons) in the result of one or several transaction of assets of a financial organization, the amount of which exceeds the amount established by the RF government;
8) acquisition by a person (a group of persons) in the result of one or several transactions, including transactions based on agreement on trust management, joint activity or agency contract, of rights enabling to determine the terms of conducting business activity or exercise the functions of its executive body.
2. Requirement provided for by part 1 of the present article on getting preliminary consent of the antimonopoly authority for execution of actions is not applied if the actions stated in part 1 of the present article are exercised in accordance with the conditions established in article 31 of the present Federal Law or if their execution is provided for by the acts of the President of the Russian Federation or acts of the Government of the Russian Federation.

Article 30. Transactions, Other Actions about Execution of Which the Antimonopoly Authority Should be Notified

The antimonopoly authority should be notified:
1) by a commercial organization about its creation in the result of merger between commercial organizations (except the mergers between financial organizations) if aggregate asset value according to the last balance sheet or aggregate revenues from the sale of products for the calendar year preceding the year of merger of commercial organizations, whose activity is terminated in the result of merger, exceed two hundred million Rubles - not later than forty five days from the date of merger;
2) by a commercial organization of joining to it of another commercial organization (except joining of a financial organization) if the aggregate asset value of the mentioned organizations, according to the last balance sheet or the aggregate revenues from the sale of products for the calendar year preceding the year of joining exceeds two hundred million Rubles, - not later than forty five days from the date of joining;
3) by a financial organization about its creation in the result of merger between financial organizations if its asset value according to the last balance sheet does not exceed the amount established by the Government of the Russian Federation (if the credit organization is created in the result of merger this amount is established by the Government of the Russian Federation in coordination with the Central Bank of the Russian Federation), - not later than forty five days from the date of merger;
4) by a financial organization on the joining to it of another financial organization if the asset value of the financial organization created in the result of merger according to the last balance sheet does not exceed the amount established by the Government of the Russian Federation (if the credit organization is created in the result of joining this amount is established by the Government of the Russian Federation in coordination with the Central Bank of the Russian Federation), - not later than forty five days from the date of joining;
5) by persons acquiring stocks (shares), rights and (or) property (except stocks (shares) and (or) assets of financial organizations) about transactions, other actions stated in article 28 of the present Federal Law, if the aggregate asset value according to the last balance sheet or the aggregate revenues from the sale of products of persons (group of persons) stated in article 28 of the present Federal Law for the calendar year preceding the year of such transactions, other actions, exceed two hundred million Rubles and at the same time the aggregate asset value according to the last balance sheet of the person (group of persons), whose stocks (shares) and (or) property are acquired, or concerning whom the rights are acquired exceeds thirty million Rubles or if one of these persons is entered into the register, - within forty five days from the date of implementation of such transaction, other actions.
2. Requirement on notification of the antimonopoly authority provided for by part 1 of the present article is not applied if transactions, other actions are exercised with preliminary consent of the antimonopoly authority.

Article 31. Peculiarities of State Control Over Economic Concentration in a Group of Persons

1. Transactions, other actions stated in articles 27 - 29 of the present Federal Law are exercised without preliminary consent of the antimonopoly authority, but with its further notification about their implementation in accordance with the procedure established by article 32 of the present Federal Law in the case if in aggregate the following conditions are observed:
1) transactions, other actions stated in articles 27 - 29 of the present Federal Law are exercised by persons included in one group of persons;
2) list of persons included into one group with indication of the grounds, on which these persons were included into this group, was submitted by any included into this group person (applicant) to the federal antimonopoly authority in the established form not later than one month before the implementation of transactions, other actions;
3) list of persons included into this group has not changed for the moment of implementation of transactions, other actions in comparison with the list of such persons submitted to the federal antimonopoly authority.
2. Within ten days from the date of receipt of the list of persons included into one group with indication of the grounds on which these persons were included into this group the federal antimonopoly authority sends the applicant one of the following notifications about:
1) receipt of such list and its displaying on the official site of the federal antimonopoly authority in the Internet, if this list was submitted in the form approved by the antimonopoly authority;
2) violation of the form of submitting of such list and non-compliance with the conditions stated by part 1 of the present article.
3. The antimonopoly authority must be informed about transactions, other actions, exercised in accordance with the conditions established by the present article, by a person which was interested in implementation of transactions, other actions stated in articles 28 and 29 of the present Federal Law or by a person which was created in the result of implementation of transactions, other actions stated in article 27 of the present federal law, - not later than forty five days from the date of implementation of such transactions, other actions.
4. The federal antimonopoly authority approves the form of submitting list of persons included into one group with indication of the grounds on which these persons were included into one group.

Article 32. Persons, Submitting Pre-merger and Post-merger Notifications about Implementation of Transactions and Other Actions Subjected to State Control, as well as Documents and Information to the Antimonopoly Authority

1. With the aim of getting the antimonopoly authority's preliminary consent in the cases stated in articles 27 - 29 of the present Federal Law or with the aim of notification of the antimonopoly authority in the cases stated in articles 30 and 31 of the present Federal Law, the following persons apply to the antimonopoly authority as applicants:
1) one of the persons interested in implementation of transactions, other actions provided by articles 27 - 29 of the present Federal Law;
2) persons which are obliged by articles 30 and 31 of the present Federal Law to notify the antimonopoly authority about implementation of transactions, other actions.
2. Persons interested in implementation of transactions, other actions stated in articles 27 - 29 of the present Federal Law submit to the antimonopoly authority an application for getting consent for implementation of transaction, other action.
3. Persons who are obliged by articles 30 and 31 of the present Federal Law to notify the antimonopoly authority about implementation of transactions, other actions submit to the antimonopoly authority a pre-merger notification about implementation of such transactions, other actions.
4. Pre-merger or post-merger notification about implementation of transactions, other actions can be submitted to the antimonopoly authority by a representative of applicant.
5. The following documents are submitted to the antimonopoly authority together with the pre-merger or post-merger notification about implementation of transactions, other actions subjected to control:
1) notarized copy of the constituent documents for the applicant - legal person and name of the applicant - natural person, data of the identifying document (series and (or) number of the document, date and place of its issue, body that issued the document) reflecting its status on the date of submission of pre-merger or post-merger notification;
2) documents defining subject and content of the transaction, other action subjected to state control;
3) information about the types of activity exercised by the applicant during the last two years before the date of submitting pre-merger or post-merger notification or the period of implementation of activity if it is less than two years and also copies of the documents confirming the right for implementation of those types of activity which can be exercised only by special permission in accordance with the law;
4) description of types of products, volume of products produced and sold by the applicant for the last two years before the date of submitting pre-merger or post-merger notification or the period of implementation of the activity if it is less than two years, together with indication of the products' nomenclature codes;
5) applicant's information about the main types of activity of the persons stated in articles 27 - 30 of the present Federal Law, description of types of products, volume of products produced and sold by these persons during the last two years before the date of submitting pre-merger or post-merger notification or the period of implementation of the activity if it is less than two years, together with indication of the products' nomenclature codes or a written application confirming that the applicant does not dispose of this information;
6) the last balance sheet produced before the date of submitting pre-merger or post-merger notification;
7) financial, economic and other reports submitted to the Central Bank of the Russian Federation and the federal bodies of executive authority regulating the financial services market;
8) a list of commercial organizations where the applicant administers more than five percent of stocks (shares) on any grounds or written application about that the applicant does not administer stocks (shares) of commercial organizations;
9) a list of persons included into one group of persons with the applicant, indicating the grounds on which these persons are included into this group;
10) a list of persons included into one group with other persons which are stated in articles 27 -30 of the present Federal Law with indication of the grounds on which these persons are included into this group or a written application confirming that the applicant does not dispose of this information.
6. An application on getting consent for merger between commercial organizations, joining to a commercial organization of one or several commercial organizations, creation of a commercial organization or notification about merger, joining or creation of a commercial organization is signed by the applicant as well as by other persons participating in merger, joining or creation of a commercial organization. The applicant submits to the antimonopoly authority documents and information about other persons participating in merger, joining or creation of a commercial organization in accordance with the list stated in part 5 of the present article, together with application or notification.
7. The federal antimonopoly authority approves the form of submitting information provided by part 5 of the present article.

Article 33. Decision-Making on the Basis of Results of Examination of Application by the Antimonopoly Authority, Issue of Direction to Applicant by the Antimonopoly Authority.

1. The antimonopoly authority is obliged to examine the application provided by article 32 of the present Federal Law and to notify the applicant of the taken decision in written form within 30 days from the date of receipt of application.
2. The antimonopoly authority takes one of the following decisions on the results of examination of application for getting consent to exercise transaction, other action, subjected to state control:
1) on satisfaction of the application if transaction, other action declared in the application will not lead to restriction of competition;
2) on prolongation of the period of examination of application because of the necessity of its additional examination as well as of getting additional information for taking decision provided by items 1, 3, 4 and 5 of the present part on the results of examination of application, if it is established that declared in the application transaction, other action can lead to restriction of competition, including in the result of emerging or strengthening of dominant position of the person (a group pf persons);
3) on prolongation of the period of examination of the application on getting consent for merger between commercial organizations, joining to a commercial organization of one or several commercial organizations, creation of a commercial organization in the cases stated in article 27 of the present Federal Law, in connection with defining of conditions after fulfillment of which by the applicant and (or) other persons participating in such merger, joining or creation the antimonopoly authority takes decision to satisfy the application or defines the period for fulfillment of theses conditions which cannot exceed nine months. These conditions are the integral part of decision on prolongation of the period of examination of this application;
4) on satisfaction of the application for getting consent on implementation of transaction, other action stated in articles 28 and 29 of the present Federal Law and simultaneous issue of directions provided by item 2 of part 1 of article 23 of the present Federal Law to the applicant on fulfilling actions aimed at ensuring competition in the course of implementation of transaction, other action declared in the application;
5) on refusal to satisfy application if transaction, other action declared in the application leads to restriction of competition including such as in the result of emerging or strengthening of the dominant position of the applicant as well as the dominant position of the person which will be created in the result of implementation of such transaction, other action declared in the application, and if in the process of examination of the submitted documents the antimonopoly authority finds that the information contained in the documents and significant for the decision-making is unreliable.
3. The period stated in part 1 of the present article can be prolonged for the period not more than two months by decision provided for by item 2 of part 2 of the present article. In case if such decision is taken the antimonopoly authority posts on its official site in the Internet the information about the expected transaction, other action declared in the application for getting consent for implementation of transaction, other action. The interested persons have the right to submit to the antimonopoly authority the information about the influence of this transaction, other action on the condition of competition.
4. Decision on prolongation of the period of examination of application provided by item 3 of part 2 of the present article is taken by the antimonopoly authority in the case if merger between commercial organizations, joining to a commercial organization of one or several commercial organizations, creation of a commercial organization leads or can lead to restriction of competition including such as in the result of emerging or strengthening of the dominant position of person (group of persons) which will be created in the result of implementation of such actions.
5. The conditions provided by item 3 of part 2 of the present article can contain the following with the aim of ensuring competition:
1) procedures of access to infrastructure, other production facilities or information managed by the applicant as well as by other persons participating in merger between commercial organizations, joining to a commercial organization of one or several commercial organizations, creation of a commercial organization;
2) procedures of granting rights to facilities of industrial property protection which are managed by the applicant as well as by other persons participating in merger between commercial organizations, joining to a commercial organization of one or several commercial organizations, creation of a commercial organization to other persons;
3) requirements to the applicant and (or) other persons participating in merger between commercial organizations, joining to a commercial organization of one or several commercial organizations, creation of a commercial organization on transference of the property to the other person which is not included into one group of persons with the applicant and (or) other persons, on concession of rights of chose in action and (or) obligations of the mentioned applicant and (or) other persons to the other person which is not included into one group of persons with the mentioned applicant and (or) other persons;
4) requirements to the composition of a group of persons in which the applicant as well as other persons participating in merger between commercial organizations, joining to a commercial organization of one or several commercial organizations, creation of a commercial organization are included.
6. After having complied with the conditions provided by item 3 of part 2 of the present article the applicant submits documents confirming their implementation to the antimonopoly authority. Within thirty days from the date of the documents receipt the antimonopoly authority takes the decision to satisfy the application on merger between commercial organizations, joining to a commercial organization of one or several commercial organizations, creation of a commercial organization if the submitted documents confirm the fulfillment of the conditions in time, otherwise the decision to refuse in satisfying the application is given.
7. Decision on granting the application with simultaneous issue of directions provided by item 4 of part 2 of the present article is taken by the antimonopoly authority in case if transactions, other actions declared in the application lead to competition restriction.
8. Decision of the antimonopoly authority to grant permission for transactions, other actions is ceased to be effective if such transactions, other actions are not carried out within a year from the date of the said decision approval.
9. The persons obliged by article 30 of the present Federal Law to notify the antimonopoly authority of implementation of transactions, other actions, subjected to state control, have the right before implementation of such transactions, other actions to request the antimonopoly authority's consent for their implementation and the antimonopoly authority is obliged to examine the applications in accordance with the procedure established by this article.
10. In case if transactions, other actions provided by article 30 of the present federal law led or can lead to restriction of competition, including such as in the result of emerging or strengthening of the economic entity's dominant position in the market, the applicant submitted to the antimonopoly authority the relevant notification or a group of persons in which the applicant is included is obliged to fulfill actions, aimed at ensuring competition in accordance with the directions of the antimonopoly authority issued according to item 2 of part 1 of article 23 of the present Federal Law.

Article 34. Consequences of Violation of the Procedure of Getting the Antimonopoly Authority's Preliminary Consent for Implementation of Transactions, Other Actions as Well as the Procedure of Submitting to the Antimonopoly Authority of Notifications About Transactions, Other Actions Subjected to Control

1. A commercial organization founded without preliminary consent of the antimonopoly authority, including organization appeared as the result of merger or joining of commercial organizations in the cases stated in article 27 of the present Federal Law is liquidated or reorganized in the way of separation or detachment at law on the antimonopoly authority's claim if its foundation led or can lead to restriction of competition, including such as in the result of emerging or strengthening of the dominant position.
2. Transactions, other actions stated in articles 28 and 29 of the present Federal Law, which were exercised without preliminary consent of the antimonopoly authority are recognized invalid at law on the antimonopoly authority's claim if these transactions or other actions led or can lead to restriction of competition, including such as in the result of emerging or strengthening of the dominant position.
3. Commercial organization, which is obliged to notify the antimonopoly authority about implementation of transactions, other actions stated in items 1 - 4 of part 1 of article 30 of the present Federal Law, and which violated the procedure of notification of the antimonopoly authority about implementation of such transactions, other actions is liquidated or reorganized by means of separation or detachment at law on the antimonopoly authority's claim if these transactions, other actions led or can lead to restriction of competition, including such as in the result of emerging or strengthening of the dominant position.
4. If transactions, other actions stated in item 5 of part 1 of article 30 of the present Federal Law were settled with violation of the order of notification of the antimonopoly authority these transactions, other actions are recognized invalid at law on the antimonopoly authority's claim if these transactions, other actions led or can lead to restriction of competition, including such as in the result of emerging or strengthening of the dominant position.
5. Noncompliance with directions of the antimonopoly authority, issued in accordance with the procedure provided by item 4 of part 2 of article 33 of the present Federal Law is the reason for recognition these transactions invalid at law on the antimonopoly authority's claim.
6. Noncompliance with directions of the antimonopoly authority, issued in accordance with the procedure provided by article 33 of the present Federal Law, other violations of the requirements of articles 27 - 32 of the present Federal Law alongside with the consequences indicated in the present article involves administrative responsibility in the cases established by the Russian Federation legislation on Administrative Offences.

Article 35. State Control Over Agreements Restricting Competition of Economic Entities

1. Economic entities intending to conclude an agreement which can be recognized permissible in accordance with the present Federal Law have the right to apply a written application to the antimonopoly authority to verify compliance of the draft agreement with the requirements of the antimonopoly legislation.
2. Economic entities intending to conclude an agreement submit to the antimonopoly authority documents and information according to the list approved by the federal antimonopoly authority together with the application.
3. The antimonopoly authority takes a decision whether the draft agreement in written form complies with the antimonopoly law or not within 30 days from the date of submitting of all required information necessary for examination of the application.
4. The basis for taking decision on non-compliance of the draft agreement in written form with the antimonopoly legislation are:
1) conditions provided by parts 1 and 3 of article 11 of the present Federal Law;
2) unreliability of the information containing in the documents as well as other information important for decision-making, provided by the economic entity;
3) failure to provide information and documents provided by part 2 of the present article.
5. If necessary, the period of consideration of the application stated in part 1 of the present article may be extended by the antimonopoly authority, but not longer than for twenty days. The antimonopoly authority shall notify the applicant in writing of extending the period of consideration of the application, specifying the reasons for the extension.
6. Decision of the antimonopoly authority concerning compliance or non-compliance of a draft agreement in written form with the antimonopoly law shall expire if such agreement has not been concluded within one year from the date of adoption of the relevant decision.
7. The antimonopoly authority has the right issue an direction aimed at ensuring of competition to participants in an agreement alongside with the decision concerning the compliance of the draft agreement in written form with the antimonopoly law.
8. The antimonopoly authority has the right to cancel its decision concerning the compliance of a draft agreement in written form with the antimonopoly legislation in the cases if:
1) it was established after the decision had been taken that the information presented for examination by the economic entity intending to conclude an agreement was unreliable;
2) the economic entities intending to conclude an agreement fail to fulfill the direction of the antimonopoly authority provided by part 7 of the present article.
9. Financial organizations are obliged to submit notification to the federal antimonopoly authority about all agreements concluded in any form between each other or with bodies of executive authority, bodies of local self-government, as well as with any organizations in accordance with the procedure established by this Federal Law, except:
1) agreements between financial organizations whose aggregate share in the commodity market is below the margin established by the Government of the Russian Federation;
2) agreements which are agreements for providing financial services;
3) agreements which are agreements concluded in the course of every day activity of a financial organization.
10. Form of the notification stated in part 9 of the present article is established by the federal antimonopoly authority. The notice shall be supplemented with the following documents:
1) a copy of the agreement concluded in written form with enclosures ;
2) information about the main types of activity of the persons, which concluded the agreement, and about their profit from the main types of activity;
3) financial and economic accounts submitted to the Central Bank of the Russian Federation, and the federal executive authorities regulating the market of financial services.
11. The federal antimonopoly authority is not empowered to request financial organizations to present other documents and information except that are provided by part 10 of the present article.
12. The obligation to notify the federal antimonopoly authority in written form about concluding the agreement is exercised by the person which concluded the agreement within fifteen days from the date of its conclusion.


Chapter 8. Responsibility for Violation of the Antimonopoly Legislation

Article 36. Obligation to Fulfill Decisions and Directions of the Antimonopoly Authority

Commercial organizations and non-commercial organizations (their officials), federal bodies of executive authority of the Russian Federation (their officials), bodies of public authority of the Subjects of the Russian Federation (their officials), bodies of local self-government (their officials), other bodies or organizations exercising the functions of the above-mentioned bodies, as well as public off-budget funds (their officials), natural persons, including individual entrepreneurs, are obliged to fulfill decisions and directions of the antimonopoly authority within the period established by such decisions and directions.

Article 37. Responsibility for Violation of the Antimonopoly Legislation

1. Officials of federal bodies of executive authority, public authorities of the subjects of the Russian Federation, bodies of local self-government, other institutions or organizations discharging the functions of the aforementioned authorities or bodies of local self-government, officials of other bodies or organizations exercising the functions of the above-mentioned bodies, as well as officials of public off-budget funds, commercial and noncommercial organizations and their officials, natural persons, including individual entrepreneurs bear responsibility provided for by legislation of the Russian Federation
2. Imposing responsibility on persons stated in part 1 of this article do not exempt them from the duty to fulfill the decision and direction of the antimonopoly authority, to submit to the antimonopoly authority application or notices for examination or carry out other actions provided by the antimonopoly legislation.

Article 38. Forced Division or Separation of Commercial Organizations as well as Non-commercial Organizations Exercising Profit Generating Activity

1. In case of systematic implementation of monopolistic activity by commercial organization occupying dominant position as well as noncommercial organization exercising profit generating activity, the court on the claim of the antimonopoly authority (on the claim of the antimonopoly authority in coordination with the Central Bank of the Russian Federation with regard to a credit organization) has the right to take decision on forced division of such organizations or decision on separation of one or several organizations from them. Organizations created in the result of forced separation cannot be included in one group of persons.
2. Court decision on forced division of commercial organization or on separation of one or several organizations from it is taken with the aim of development of competition, if in aggregate the following conditions are fulfilled:
1) there is possibility of separation of the structural units of the commercial organization;
2) absence of technologically conditioned interconnection between structural units of the commercial organization (specifically, if thirty or less percent of overall volume of products (works, services) produced by its structural unit is consumed by the other structural units of this commercial organization);
3) there is possibility of independent operation in the relevant commodity market for legal persons created in the result of this reorganization.
3. Court decision on forced division of commercial organization or on separation of one or several organizations from it as well as on such division or separation of noncommercial organization exercising profit generating activity shall be fulfilled by the owner or the latter's authorized representative agency, taking into consideration requirements provided by the stated decision and within the period determined by it, which can not be less than six months


Chapter 9. Consideration of Cases of Violation of the Antimonopoly Legislation.

Article 39. The Grounds for Initiation of a Case of Violation of the Antimonopoly Legislation, Location of Examination of the Case, as Well as Consequences of Revealing of Signs of Administrative Offence in the Course of Examination of the Case

1. The antimonopoly authority initiates and reviews the cases of violation of the antimonopoly legislation, adopts decisions on these cases and issues directions based on these decisions within the frames of its authorities
2. Basis for initiation and review of the cases of violation the antimonopoly legislation (hereinafter - the case) by the antimonopoly authority are:
1) receipt of documents (hereinafter - documents) indicating the signs of violation of the antimonopoly legislation from state bodies or bodies of local self-government;
2) an application from a legal person or a natural person (hereinafter - the application);
3) detection by the antimonopoly authority of the signs of violation of the antimonopoly legislation;
4) mass media reports, natural and legal persons' reports pointing out the signs of violation of the antimonopoly legislation
3. Case of violation of the antimonopoly legislation can be considered by the antimonopoly authority at the territory where the offence was committed or at the location (residence) of the person against whom the complaint on the antimonopoly law violation is lodged.
4. The rules of passing applications, documents and cases of violation of the antimonopoly legislation by the antimonopoly authority to another antimonopoly authority for examination are established by the federal antimonopoly authority.
5. If in the course of examination of the case of violation of the antimonopoly legislation the antimonopoly authority reveals circumstances indicating the presence of administrative violation, the antimonopoly authority initiates a case of administrative violation in accordance with the procedures established by the law on Administrative Offences of the Russian Federation.

Article 40. The Commission for Review of Cases of Violation of the Antimonopoly Legislation

1. For examination of each case of violation of the antimonopoly legislation, the antimonopoly authority establishes a Commission for examination of the case of violation of the antimonopoly legislation (referred to hereinafter as the Commission) in accordance with the procedures provided by the present Federal Law. The Commission speaks in the name of the antimonopoly authority. The membership and the chairman of the Commission are approved by the antimonopoly authority.
2. The Commission consists of employees of the antimonopoly authority. The head of the antimonopoly authority or his/her deputy can be a chairman of the Commission. The number of the Commission members must be not less than three. A member of the Commission can be substituted on the basis of the antimonopoly authority's motivated decision.
3. For examination of the case of violation of the antimonopoly legislation by a credit organization in the banking services market representatives of the Central Bank of the Russian Federation should be included in the Commission on a permanent basis and should compose a half of the members.
4. For examination of the case of violation of the antimonopoly legislation by financial organizations (except credit organizations) having license issued by the federal body of executive authority on securities market representatives of the mentioned body should be included in the Commission and should compose a half of the members.
5. Number of members (including the Chairman) of the Commission on examination of the cases of violation of the antimonopoly legislation stated in parts 3 and 4 of the present article should be even.
6. The Commission is eligible to examine the case of violation of the antimonopoly legislation if not less than fifty percent of the whole number of members of the Commission are present at the session but not less than three members of the Commission.
7. Questions arising in the process of examination of the case of violation of the antimonopoly legislation should be solved by a majority vote. In case of equal spread of affirmative and negative votes the Commission chairman has a casting vote. The members of the Commission have no right to abstain from vote, the chairman of the Commission votes the last.

Article 41. Acts Adopted by the Commission

1. The Commission adopts orders, decisions, directions.
2. Upon the completion of the review of the case of violation of the antimonopoly legislation the Commission adopts decision at its session. Decision of the Commission is presented as a separate document and is signed by all members of the Commission present at the session where the decision has been taken. The member of the Commission who disagrees with the Commission's decision is obliged to sign the act adopted by the Commission and to present his special opinion in written form and it will be joined to the case papers. Decision of the Commission is made in one copy which is joined to the case papers.
3. Decision on the case of violation of the antimonopoly legislation contains:
1) conclusions on presence or lack of grounds for dismissal of the case;
2) conclusions on presence or lack of violation of the antimonopoly legislation in the actions (inaction) of the defendant;
3) conclusions on presence or lack of grounds for issuing direction and a list of obligatory actions, included in the direction;
4) conclusions on presence or lack of grounds for taking other measures for ceasing violation of antimonopoly legislation and (or) reverting its consequences , ensuring competition (including such measures as appeal to court, documents' transfer to the law machinery, recommendations on the actions aimed at development and ensuring of the conditions for competition given to the authority bodies and bodies of local self-government by the antimonopoly authority).
4. The Commission issues a direction on the basis of the decision. Direction is made out like a separate document for each person who is obliged to fulfill the actions determined in the decision within the period established in the direction, and it is signed by the chairman and members of the Commission presenting at the meeting
5. Chairman of the Commission or the Commission pronounces an order in the cases mentioned in the present article. The order is presented as a separate document, signed by the chairman and the members of the Commission and sent to the persons participating in the case as well as to other persons in the cases stated in the present article.
6. Templates of acts adopted by the Commission are approved by the federal antimonopoly authority.

Article 42. Persons Participating in Violation of the Antimonopoly Legislation Case

1. Persons participating in the violation of the antimonopoly legislation case are:
1) applicant - is the person who submitted an application, state body or body of the local self-government which sent the documents;
2) defendant - is the person regarding to who the application was submitted and documents were sent, or in whose actions (inaction) the antimonopoly authority found the signs of the antimonopoly law violation. The mentioned persons are recognized as defendants in the case of violation of the antimonopoly legislation from the moment of initiation of the proceedings;
3) interested persons - are the persons on whose rights and legitimate interests influence examination of the case of violation of the antimonopoly legislation.
2. The persons participating in examination of the case of violation of the antimonopoly legislation have the right to exercise their rights and obligations by themselves or through their representative.
3. If during examination of the case of violation of the antimonopoly legislation the Commission establishes that the actions (inaction) of a person other than the defendant contain the elements of violation of the antimonopoly legislation, the Commission has the right to impose liability on such person as a defendant or the second defendant in the case. If the Commission fails to find the fact of violation of the antimonopoly legislation in the actions of one of the defendants, the Commission issues order on termination of the person's participation in the case examination. Copy of the order on termination of the person's participation in the case examination is immediately sent to the persons participating in the case.
4. In the course of examination of the case of violation of the antimonopoly legislation the Commission has the right to involve experts, translators as well as persons obtaining information about the circumstances examined by the Commission and are not the persons participating in the case. The mentioned above persons are not persons participating in the case. The Commission issues order on involvemnt of experts, translators as well as persons obtaining information about the circumstances examined by the Commission to the examination of the case and sends them copies of the order within three days since the date of the order's issuan