Gorodissky & Partners
On February 13, 2018 the Constitutional Court of the Russian Federation announced its decision with respect to parallel import cases.
In den letzten Jahren waren Parallelimporte (d.h. der Import von Markenartikeln ohne Zustimmung des Markeninhabers) in Russland effektiv verboten.
In the last few years, parallel imports (i.e. imports of genuine branded goods without the trademark owner's consent) had been effectively prohibited in Russia.
Für das Jahr 2018 wurde ein Übergang zu einem risikobasierten Ansatz bei der Durchführung regelmäßiger (planmäßiger) Inspektionen durch die russische Kartellbehörde (FAS) angekündigt
A transition to a risk-based approach for conducting regular (scheduled) inspections by the Russian competition authority has been announced for the year 2018.
Gorodissky & Partners
It is not rare that leading companies encounter unfair actions of their competitors who attempt to boost their sales by using brands that do not belong to them in their advertising.
On 20 September 2016 the Commercial Court of Moscow delivered a decision in case No. А40-13165/16-107-106.
Exchange of information, whether among competitors or in vertical relationships, can involve substantial risks from the perspective of local antitrust regulation.
STA Law Firm
Generally speaking the law of agency deals with situations where one person enters into legal relationship with another person by acting not personally but through an intermediary.
Global Advertising Lawyers Alliance (GALA)
For the last year Burger King, one of the leading chains of hamburger fast food restaurants, has run two rather controversial advertising campaigns.
On the other hand, the control over terms and conditions offered by the entities holding a dominant position to their customers will be tightened.
Russian civil law does not specifically provide such type of agreement such as a distribution contract.
On July 8, 2015, the Presidium of the Federal Antimonopoly Service of Russia (FAS Russia) provisionally approved the idea of changes to the RF Law on Protection of Competition.
On June 30, 2015 on its official site FAS Russia published recommendations for entities holding a dominant position on pharmaceuticals markets and medical devices markets to develop and apply commercial policies.
EMPP – Russian Law Firm
There is not an established court guidance on most of the terms and conditions a reasonable non-Russian supplier seeks to include into the distribution agreement.
According to the Federal Antimonopoly Service (FAS), amendments to the Law on Competition (the "Competition Law," the Code of Administrative Offenses and the Criminal Code, comprising the so-called "third antimonopoly package," have been substantially agreed with the Russian government and will soon be submitted to the State Duma.
The Russian legislator amended Article 178 of the Criminal Code of the Russian Federation ("the New Law"). The New Law sets up criminal penalties for violations under Article 11 (cartels) and Article 10 (abuse of dominant position) of Russia’s Law "On Protection of Competition" No 135-FZ ("the Law No 135-FZ").