legal analysis of transactions for compliance with antitrust laws
In 2006, the law on the protection of competition was adopted in the Russian Federation (Federal Law of July 26, 2006 No. 135). He limited the rights of monopolists and secured the rights of citizens and organizations to fair competition.
On the one hand, the advent of the law limited unfair competition and the artificial creation of monopolies. On the other hand, each executed transaction must comply with antitrust laws.
Otherwise, several types of liability are imposed on the offender at once. They include both large fines (for legal entities – up to 2,000,000 Rub.), And the possibility of a person whose rights are violated to recover losses from the perpetrator (Article 14.40 of the Administrative Code of the Russian Federation).
Therefore, before concluding a contract, it is advisable to check the progress of the transaction for compliance with antitrust laws. In order to avoid mistakes and not to incur large losses, it is advisable to involve the lawyers of DTK Partners in the legal analysis.
The law provides for the need to create an antitrust compliance program in each organization. This is a set of measures aimed at reducing antitrust risks.
To protect your company from liability for violation of antitrust laws, a qualified lawyer must provide the following services:
- antitrust audit of the current activities of the enterprise and mapping of risks;
- development of rules that govern the behavior of the company and its employees;
- implementation and monitoring of the implementation of the developed program.
However, the presence of a compliance program is not a guarantee of the absence of problems with the antitrust authority. Therefore, it is necessary to exercise private control over each transaction:
- verification of documents;
- verification of the contracting process;
- monitoring the activities of the counterpart.
A lawyer can help reduce risk. In case of violations by counterparties, he will help to file a complaint with the authorized body.
Thus, private measures to ensure the protection of the enterprise from liability for violation of antitrust laws are not enough. It is necessary to develop a common set of measures, introduce it into the work and carry out a legal analysis of each transaction.
Assistance of DTK Partners
DTK Partners Law Agency operates in Moscow and throughout the country. The company’s specialists will carry out legal analysis of transactions for compliance with antitrust laws at any stage of the preparation of the contract.
However, it is advisable to attract lawyers in a timely manner. In the later stages of the transaction, assistance may be less effective.
The ideal option is to conclude a contract for ongoing support of the company in the field of antitrust law. Significant experience of DTK Partners in this area will help minimize the risk of your enterprise.