With the coronavirus infection spreading up, prices are growing for certain
categories of goods including food products, medical masks and disinfectants. In
order to limit the unjustified growth of prices for goods of social importance,
state authorities are taking additional measures, mostly connected with price
monitoring.
On 26 March 2020 the Russian
President signed Federal Law No.
67-FZ dated 26 March 2020 “On amending article 60 of Federal Law ‘On the
circulation of medicines’ and article 38 of Federal Law ‘On the fundamentals of
protecting the health of citizens of the Russian Federation’” which enables the
Government to establish, for a period not exceeding 90 days, maximum permitted
retail prices for medicines and medical devices which are not included in the
list of vital medicines, but may become such in fact.
These measures may be
implemented in conditions of an emergency situation, a threat of the spread of
an infectious disease that is dangerous to the public (such as COVID-19 at present)
or if the price for medicines and medical devices in constituent entities of
Russia grows by thirty or more per cent within thirty days.
After many complaints about an
unjustified growth of prices, the Russian Federal Antimonopoly Service has
taken measures to monitor prices on a daily basis by recording prices in retail
chains and also measures to check the availability of goods for sale in markets
of food products and markets of medicines.
Firstly, an emergency
operations centre has been created to control the situation in markets of food products, medicines and medical
goods, including prices for medical masks and equipment used for the treatment
of those affected by the coronavirus infection. In order to identify elements
of violations of antimonopoly legislation, a range of unscheduled inspections
of manufacturers have been conducted in Moscow, Moscow Region, Novosibirsk,
Chelyabinsk and St Petersburg. On the basis of the information collected,
several antimonopoly cases concerning cartel agreements have been initiated (you
can read about it here, here and here).
Secondly, control has been
tightened over prices for essential food products of social importance, the
list of which is entrenched in Resolution No. 530 of the Russian Government
dated 15 July 2010. Particular emphasis will
be placed on bakery products, cereals, meat, eggs, butter and certain
vegetables and fruit. A ‘hot line’ of the Russian Federal Antimonopoly Service
is being actively used in connection with the growth of prices for food
products.
Expert
opinion
The steps being taken by the
antimonopoly authority are necessary to ensure that prompt antimonopoly
reaction follows any unjustified growth of prices or information received that
a shortage of goods in high demand is being created intentionally. In view of
the measures taken by state authorities, companies should control more
carefully their pricing policies to stay in line with the Law on the protection
of competition when they are doing business.
What to
think about and what to do
- Follow up on the measures being taken by the
government and the changing regulations to remain good faith participants
of the market.
- Analyse the potential risks that may arise as the
company implements its commercial (trading and sales) policy.
- Assess the commercial decisions of the company
involving setting prices and volumes of purchases in terms of their being
economically justified and compliant with antimonopoly legislation.
- Pay special attention to different forms of
working with contracting parties which may give rise to a risk of
antimonopoly violations.
- Analyse the risks of exchanging commercial
information with contracting parties which may be interpreted as an element
of an antimonopoly violation.
- Consider taking other measures aimed at reducing
risks of antitrust violations.
Pepeliaev Group’s antimonopoly practice