ORDER OF FEDERAL ANTIMONOPOLY SERVICE OF THE RUSSIAN FEDERATION

of May 25, 2012 No. 345

About approval of Administrative regulations of Federal Antimonopoly Service on execution of the state function on establishment of dominant position of business entity in case of consideration of the applications, materials, cases on antitrust violation and when implementing the state control of economic concentration

According to the order of the Government of the Russian Federation of 16.05.2011 No. 373 "About development and approval of administrative regulations of execution of the state functions and administrative regulations of provision of the state services" (The Russian Federation Code, 2011, No. 22, Art. 3169; 2011, 35, of the Art. 5092) I order to No.:

1. Approve the enclosed administrative regulations of Federal Antimonopoly Service on execution of the state function on establishment of dominant position of business entity in case of consideration of the applications, materials, cases on antitrust violation and when implementing the state control of economic concentration.

2. Declare invalid the order of FAS Russia of 17.01.2007 No. 5 "About approval of administrative regulations of Federal Antimonopoly Service on execution of the state function on establishment of dominant position of business entity when considering the case about antitrust violation and when implementing the state control of economic concentration" (it is registered in the Ministry of Justice of the Russian Federation 23.05. 2007, No. 9541) (Bulletin of regulations of federal executive bodies, No. 29, 16.07. 2007).

3. I reserve control of execution of this order.

Appendix

to the Order of Federal Antimonopoly Service of the Russian Federation of May 25, 2012 No. 345

Administrative regulations of Federal Antimonopoly Service on execution of the state function on establishment of dominant position of business entity in case of consideration of the applications, materials, cases on antitrust violation and when implementing the state control of economic concentration

I. General provisions

Name of the state function

1.1. The state function on establishment of dominant position of business entity in case of consideration of the applications, materials, cases on antitrust violation and when implementing the state control of economic concentration (further - the state function).

The name of the executive body performing the state function

1.2. Execution of the state function is performed by Federal Antimonopoly Service (further - FAS Russia) and its territorial authorities (further together - antimonopoly authority).

The list of the regulatory legal acts regulating execution of the state function

1.3. The antimonopoly authority performs the state function according to:

The Federal Law of 26.07.2006 No. 135-FZ "About protection of the competition" (further - the Marine life protection act of the competition) (The Russian Federation Code, 2006, No. 31 (p. I), Art. 3434; 2007, No. 49, Art. 6079; 2008, No. 18, Art. 1941; No. 27, Art. 3126; No. 45, Art. 5141; 2009, No. 29, Art. 3601; No. 29, Art. 3610; No. 29, Art. 3618; No. 52 (p. I), Art. 6450; No. 52 (p. I), Art. 6455; 2010, No. 15, Art. 1736; No. 19, Art. 2291; No. 49, Art. 6409; 2011, No. 10, Art. 1281; No. 27, Art. 3873, Art. 3880; No. 29, Art. 4291; No. 30 (p. I), Art. 4590; No. 48, Art. 6728; No. 50, Art. 7343);

The Federal Law of 26.12.2008 No. 294-FZ "About protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision) and municipal control" (The Russian Federation Code, 2008, No. 52 (p. I), Art. 6249; 2009, No. 18 (p. I), Art. 2140; 2009, No. 29, Art. 3601; 2009, No. 48, Art. 5711; 2009, No. 52 (p. I), Art. 6441; 2010, No. 17, Art. 1988; 2010, No. 18, Art. 2142; 2010, No. 31, Art. 4160; 2010, No. 31, Art. 4193; 2010, No. 31, Art. 4196; 2010, No. 32, Art. 4298; 2011, No. 1, Art. 20; 2011, No. 7, Art. 905; 2011, No. 17, Art. 2310; 2011, No. 23, Art. 3263; 2011, No. 27, Art. 3880; 2011, No. 30 (p. I), Art. 4590; 2012, No. 19, Art. 2281; 2011, No. 48, Art. 6728);

The regulations on Federal Antimonopoly Service approved by the order of the Government of the Russian Federation of 30.06.2004 No. 331 (The Russian Federation Code, 2004, No. 31, Art. 3259; 2006, No. 45, Art. 4706; No. 49 (p. II), Art. 5223; 2007, No. 7, Art. 903; 2008, No. 13, Art. 1316; No. 44, Art. 5089; No. 46, Art. 5337; 2009, No. 2, Art. 248; No. 3, Art. 378; No. 39, Art. 4613; 2010, No. 9, Art. 960; No. 25, Art. 3181; No. 26, Art. 3350; 2011, No. 14, Art. 1935; No. 18, Art. 2645; No. 44, Art. 6269);

The regulations on territorial authority of Federal Antimonopoly Service approved by the order of FAS Russia of 26.01.2011 No. 30 (No. 20204) is registered in the Ministry of Justice of the Russian Federation 21.03.2011, with the changes made by orders of FAS Russia of 22.04.2011 No. 302 (No. 20763) is registered in the Ministry of Justice of the Russian Federation 17.05.2011, of 28.06.2011 No. 475 (No. 21431) is registered in the Ministry of Justice of the Russian Federation 21.07.2011, of 12.09.2011 No. 643 (No. 22218) is registered in the Ministry of Justice of the Russian Federation 03.11.2011, of 12.12.2011 No. 867 (No. 22758) is registered in the Ministry of Justice of the Russian Federation 27.12.2011, of 01.03.2012 No. 116 (No. 23637) is registered in the Ministry of Justice of the Russian Federation 28.03.2012;

Order of the Government of the Russian Federation of 07.04.2004 No. 189 "Questions of Federal Antimonopoly Service" (Russian Federation Code, 2004, No. 15, Art. 1482; No. 31, Art. 3259; 2006, No. 23, Art. 2527; 2007, No. 1 (p. II), Art. 292; 2008, No. 14, Art. 1414; No. 44, Art. 5089; 2009, No. 6, Art. 738; No. 39, Art. 4613; 2011, No. 6, Art. 888);

The order of the Government of the Russian Federation of 09.06.2007 No. 359 "About approval of conditions of recognition dominating provisions of the financial organization (except for credit institution) and rules of establishment of dominant position of the financial organization (except for credit institution)" (The Russian Federation Code, 2007, No. 24, the Art. 2926);

The order of the Government of the Russian Federation of 26.06.2007 No. 409 "About approval of conditions of recognition dominating provisions of credit institution and rules of establishment of dominant position of credit institution" (The Russian Federation Code, 2007, No. 27, the Art. 3296);

The procedure for carrying out the analysis of competitive situation in the goods market approved by the order of FAS Russia of 28.04.2010 No. 220 (it is registered in the Ministry of Justice of the Russian Federation 02.08. 2010, No. 18026), with the changes made by the order of FAS Russia of 03.02.2012 No. 65 (No. 23545) (further - the Procedure for carrying out the analysis of competitive situation is registered in the Ministry of Justice of the Russian Federation 21.03.2012);

Administrative regulations of Federal Antimonopoly Service on execution of the state function on the excitement and hearing of cases about antitrust violations of the Russian Federation approved by the order of FAS Russia of 25.12.2007 No. 447 (it is registered in the Ministry of Justice of the Russian Federation 31.01.2008, No. 11067), with the changes made by orders of FAS Russia of 01.07.2008 No. 240 (No. 11975) is registered in the Ministry of Justice of the Russian Federation 15.07.2008, of 26.04.2010 No. 212 (No. 1770) (further - Administrative regulations on excitement and hearing of cases is registered in the Ministry of Justice of the Russian Federation 06.07.2010);

Administrative regulations of Federal Antimonopoly Service on execution of the state function under approval of creation and reorganization of the commercial organizations in the cases established by the antitrust law of the Russian Federation approved by the order of FAS Russia of 20.09.2007 No. 293 (No. 10364) is registered in the Ministry of Justice of the Russian Federation 19.10.2007, with the changes made by the order of FAS Russia of 06.02.2008 No. 29 (No. 11268) (further - Administrative regulations under approval of creation and reorganization of the commercial organizations is registered in the Ministry of Justice of the Russian Federation 03.03.2008);

Administrative regulations of Federal Antimonopoly Service on execution of the state function under approval of share acquisition (shares) in the authorized capital of the commercial organizations, obtaining in property or use of the main production means or intangible assets, the acquisitions of rights allowing to determine conditions of conducting its business activity by business entity in cases, stipulated by the legislation the Russian Federation, the approved order of FAS Russia of 20.09.2007 No. 294 (No. 10370) is registered in the Ministry of Justice of the Russian Federation 19.10.2007, with the changes made by the order of FAS Russia of 06.02.2008 No. 30 (No. 11269) (further - Administrative regulations under approval of share acquisition (shares) is registered in the Ministry of Justice of the Russian Federation 03.03.2008);

The procedure for preparation and conducting checks of activities of territorial authorities of FAS Russia approved by the order of FAS Russia of 04.08.2011 No. 569 (No. 22183) is registered in the Ministry of Justice of the Russian Federation 01.11.2011.

Subject of the state control

1.4. Subject of the state control is observance of requirements of the antitrust law of the Russian Federation (further - the antitrust law) business entities.

The rights and obligations of officials when implementing the state control

1.5. The rights of officials when implementing the state control:

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