Order of the RF FAS of 25 May 2012 No. 345 established a new version of the Administrative Regulations on establishment of dominant position of a commercial entity during consideration of applications, materials and cases of violation of the antitrust

25.09.2012

The new version of the Administrative Regulations on establishment of dominant position of a commercial entity specifies the procedure and timeframe for fulfilment of state functions.

In particular, Order of the RF FAS of 25 May 2012 No. 345 (the Order):

  • specifies the procedure for establishing dominant position of a commercial entity during consideration of applications and materials received from individuals, legal entities, state and municipal authorities;
  • establishes that, during consideration of applications and materials bearing indicia of violation of the antitrust legislation and during exercise of state control over economic concentration, the timeframe for fulfilment of the state function is three months;
  • determines that, during examination of a case on violation of the Antitrust legislation, the timeframe for fulfilment of the state function of establishing dominant position is nine months;
  • specifies the procedure, list of grounds and the timeframe for appealing against a decision establishing dominant position of a person extrajudicially.

The order replaces and vitiates Order of the RF FAS of 17 January 2007 No. 5 “On approval of the administrative regulations of the Federal Antimonopoly Service for fulfilment of the state function of establishing dominant position of a commercial entity during consideration of a case on violation of the antitrust legislation and during exercise of state control over economic concentration”.

Order of the RF FAS of 25 May 2012 No. 345 was registered by the Ministry of Justice of the Russian Federation on 09 August 2012 and comes into effect 10 days after its official publication (as of 27 August 2012, the text of the Order has not been officially published).

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