FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 6, 2011 No. 401-FZ

About introduction of amendments to the Federal law "About Protection of the Competition" and separate legal acts of the Russian Federation

Accepted by the State Duma on November 22, 2011

Approved by the Federation Council on November 29, 2011

Article 1

Bring in the Federal Law of July 26, 2006 N 135-FZ "About protection of the competition" (The Russian Federation Code, 2006, N 31, Art. 3434; 2007, N 49, Art. 6079; 2008, N 18, Art. 1941; N 27, of Art. 3126; N 45, of Art. 5141; 2009, N 29, Art. 3601, 3610; N 52, of the Art. 6450, 6455; 2010, N 15, Art. 1736; N 19, of Art. 2291; N 49, of Art. 6409; 2011, N 10, Art. 1281; N 27, of the Art. 3873, 3880; N 29, of Art. 4291; N 30, of the Art. 4590) following changes:

Part 2 of Article 3 to state 1) in the following edition:

"2. Provisions of this Federal Law are applied to the agreements between the Russian and (or) foreign persons or the organizations reached outside the territory of the Russian Federation, and also to the actions made by them if such agreements or actions exert impact on competitive situation in the territory of the Russian Federation.";

2) in Article 4:

a) state Item 5 in the following edition:

"5) business entity - the commercial organization, the non-profit organization performing the activities which are bringing in it the income, the individual entrepreneur, other physical person which is not registered as the individual entrepreneur, but performing professional activity, revenue-producing according to the Federal Laws based on state registration and (or) the license and also owing to membership in self-regulatory organization;";

b) Item 6 after words "credit institution" to add with the words "microfinancial organization";

c) state Item 14 in the following edition:

"14) coordination of economic activity - approval of actions of business entities by the third party who is not entering one group of persons with one of such business entities and not performing activities in the goods market in which approval of actions of business entities is performed. Are not coordination of economic activity of action of business entities, performed within "vertical" agreements;";

d) state Item 17 in the following edition:

"17) competition restriction signs - reducing number of the business entities who are not entering one group of persons in the goods market, the growth or reduction of price of goods which are not connected with corresponding changes of other general terms of the address of goods in the goods market, refusal of the business entities who are not entering one group of persons of independent actions in the goods market, determination of general terms of the address of goods in the goods market the agreement between business entities or according to obligatory for execution by them instructions of the other person or as a result of approval by the business entities who are not entering one group of persons, the actions in the goods market, other circumstances creating opportunity for business entity or several business entities unilaterally to influence general terms of the address of goods in the goods market, and also establishment by public authorities, local government bodies the organizations participating in provision of the state or municipal services with participation in provision of such services of requirements to goods or to business entities, not stipulated by the legislation the Russian Federation;";

e) state Item 19 in the following edition:

"19) the "vertical" agreement - the agreement between business entities, one of whom acquires goods, and another provides (sells) goods. The agency agreement is not the "vertical" agreement;";

e) add Item 20 with words ", the state or municipal guarantees";

g) add with Item 22 following of content:

"22) person which is object of economic concentration - person, whose shares (shares), assets, the main production means and (or) intangible assets are acquired or brought in the authorized capital, and (or) person concerning whom rights are acquired according to the procedure, established by Chapter 7 of this Federal Law.";

Article 5 to add 3) with part 9 of the following content:

"9. The time frame of the analysis of competitive situation is determined depending on research purpose, features of the goods market and availability of information. The smallest time frame of the analysis of competitive situation for the purpose of establishment of dominant position of business entity shall constitute one year or term of existence of the goods market if it constitutes less than one year.";

4) Article 6:

a) add with part 5 of the following content:

"5. The price of goods is not recognized exclusively high if it is established at the exchange in case of simultaneous observance of the following conditions:

1) I will eat around the goods sold at the exchange made and (or) realized by the business entity holding dominant position in the corresponding goods market constitutes at least the size established by the federal antimonopoly authority and federal executive body performing normative legal regulation of field of activity to which production of the corresponding goods belongs;

2) bargains are concluded by the business entity holding dominant position in the corresponding goods market during the exchange biddings which conform to requirements, the certain federal antimonopoly authority and federal executive body performing normative legal regulation of field of activity to which production of the corresponding goods, including to requirements to the minimum number of participants of the exchange biddings during the trading session belongs;

3) the business entity holding dominant position in the corresponding goods market, accredited and (or) participating in the biddings (including by submission of applications for participation in the biddings to the broker, brokers), provides to the exchange the list of affiliates according to the procedure, established by federal antimonopoly authority;

4) actions of the business entity holding dominant position in the corresponding goods market and (or) its affiliates do not belong to market manipulation;

5) realization at the exchange of goods by the business entity holding dominant position in the corresponding goods market is performed regularly with uniform distribution of amount of goods on trading sessions during calendar month. The government of the Russian Federation has the right to determine criteria of regularity and uniformity of sales of goods at the exchange for the separate goods markets;

6) the business entity holding dominant position in the corresponding goods market performs registration of off-exchange transactions for deliveries of the goods which are traded on such goods market in cases and according to the procedure which are established by the Government of the Russian Federation;

7) the minimum size of exchange lot does not interfere with access to the corresponding goods market;

8) sales of goods by the business entity holding dominant position in the corresponding goods market is performed at the exchange conforming to requirements of the legislation of the Russian Federation about the organized biddings including requirements to maintaining confidentiality of information on persons who submitted the corresponding applications for participation in the biddings including by submission of such requests to the broker, brokers.";

b) add with part 6 of the following content:

"6. The goods price established taking into account the features of forming of starting price for products in case of its sale at the exchange approved with antimonopoly authority is not recognized exclusively high.";

c) add with part 7 of the following content:

"7. The goods price is not recognized exclusively high if it does not exceed the price established at the exchange with observance of the conditions provided by parts 5 and 6 of this Article, and at the same time economic (commercial) terms of transaction are comparable by quantity and (or) amount of the delivered goods, completion dates of obligations, conditions of the payments which are usually applied in transactions of this type and also on other reasonable conditions which can exert impact on the price.";

d) add with part 8 of the following content:

"8. In case of determination of exclusively high price of goods according to part of 1 this Article the exchange and off-exchange indicators of the prices established in the world markets of similar goods are considered.";

Article 8 to state 5) in the following edition:

"Article 8. Coordinated actions of business entities

1. Coordinated actions of business entities are the actions of business entities in the goods market in the absence of the agreement satisfying sets of the following conditions:

1) the result of such actions corresponds to interests of each of the specified business entities;

2) actions are known to each of the business entities participating in them in connection with the public statement of one of them about making of such actions;

3) actions of each of the specified business entities are caused by actions of other business entities participating in coordinated actions and are not consequence of the circumstances equally influencing on all business entities in the corresponding goods market. Change of regulated rates, the change in price for the raw materials used for production of goods, the change in price for goods in the world goods markets, the essential shift in demand on goods within at least than one year or during the term of existence of the corresponding goods market if this term constitutes less than one year can be such circumstances, in particular.

2. Making by persons specified regarding 1 this Article of actions under the agreement does not belong to coordinated actions, and is the agreement.";

Article 9 to state 6) in the following edition:

"Article 9. Group of persons

1. Group of persons set of the physical persons and (or) legal entities corresponding to one or several signs from the following signs is recognized:

1) economic society (partnership, economic partnership) and physical person or the legal entity if such physical person or such legal entity has owing to the participation in this economic society (partnership, economic partnership) or according to the powers received including based on the written agreement, from other persons, more than fifty percent of total quantity of the voices falling on voting shares (shares) in the authorized (share) capital of this economic society (partnerships, economic partnership);

2) economic society (partnership, economic partnership) and physical person or the legal entity if such physical person or such legal entity performs functions of sole executive body of this economic society (partnerships, economic partnership);

3) economic society (partnership, economic partnership) and physical person or the legal entity if such physical person or such legal entity based on constituent documents of this economic society (partnership, economic partnership) or concluded with this economic society (partnership, economic partnership) of the agreement has the right to give to this economic society (partnership, economic partnership) instructions, obligatory for execution;

4) economic society (partnership, economic partnership) in which more than fifty percent of quantitative structure of collegiate executive body and (or) the board of directors (the supervisory board, council of fund) make the same physical persons;

5) economic society (economic partnership) and physical person or the legal entity if according to the proposal of such physical person or such legal entity the sole executive body of this economic society (economic partnership) is appointed or elected;

6) economic society and physical person or the legal entity if according to the proposal of such physical person or such legal entity than fifty percent of quantitative structure of collegiate executive body or the board of directors (supervisory board) of this economic society are elected more;

7) physical person, his spouse, parents (including adoptive parents), children (including adopted), full and not full brothers and sisters;

8) persons, each of which on any of specified in Items 17 of this part to sign enters into group with the same person, and also other persons entering with any of such persons into group on any of specified in Items 1 - the 7th this part to sign;

9) economic society (partnership, economic partnership), physical persons and (or) legal entities who on any of specified in Items 1 - the 8th this part of signs enter group of persons if such persons owing to the joint participation in this economic society (partnership, economic partnership) or according to the powers received from other persons have more than fifty percent of total quantity of the voices falling on voting shares (shares) in the authorized (share) capital of this economic society (partnerships, economic partnership).

2. The prohibitions on actions (failure to act) established by the antitrust law in the goods market of business entity extend to actions (failure to act) of group of persons if other is not established by the Federal Law.";

7) in Article 10:

a) add part 1 with Item 11 of the following content:

"11) manipulation the prices on wholesale and (or) the retail markets of electrical energy (capacity).";

b) in part 3:

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