The powers of the FAS Russia for non-routine inspections can extend
The government of the Russian Federation has developed draft amendments aimed at improving the norms of Antimonopoly legislation and supplementing the administrative Code with sanctions for their violation.
In particular, amendments to Federal law No. 135-FZ of 26 July 2006 "on protection of competition" (hereinafter – the law on protection of competition) are planned:
to give competition authorities the right to notify the unscheduled inspection in violation of the requirements of the bidding in accordance with clause 1 part 1 article 17 of the Law on the protection of competition in the presence of collusion between the customer or the organizer of the auction and the bidders (now the competition authority should inform about the plans of such inspection 24 hours prior to the event (part 13 of article 25.1 of the Law on protection of competition));
allow seizure (seizure) of documents and items on investigations related to the establishment of anti-competitive agreements;
to allow to take explanations from officials of the companies concerning which actions on Antimonopoly control are carried out;
increase the Statute of limitations on all cases of anti-competitive agreements from three to four years, when the case is initiated before the expiration of three years from the date of conclusion or implementation of the conspiracy, and if these agreements have signs of a crime - up to six years.
In addition, it is proposed to fix the right of the Antimonopoly authority to obtain personal data and data on subscribers of communication services. At the same time, the Federal law of August 12, 1995 No. 144-FZ "on operational search activities" is planned to establish the possibility of transfer by law enforcement agencies of the results of operational search activities to Antimonopoly authorities within their jurisdiction.
To the specified data can allow experts who plan to select by the decision of the Commission (not only within the conclusion of state contracts according to part 4 of article 42.1 Of the law on protection of competition), and to grant them the right to familiarization with materials of the cases making the secret protected by the law, and also with personal data, with data on subscribers of communication services in volume necessary for their work. In addition, to provide for the obligation of experts not to disclose this information under the condition of liability in accordance with the legislation of the Russian Federation.
Documents:
Bill No. 848392-7
Bill No. 848369-7