Международная выездная сессия. Антимонопольное регулирование в России

October 27 – 28, Brussels, International Session

27th October

19:00 – 20:30. Opening of the Session at Brussels Marriott Hotel Grand Place

28th October, Brussels Marriott Hotel Grand Place

09:00 – 09:45. Registration and coffee

09:45 – 11:00. Session 1. Law 57-FZ ‘On strategic investments’. Trends in the application of the law on foreign investments in strategically important companies

Moderator
Andrey Tsyganov, Deputy Head, Federal Antimonopoly Service of the Russian Federation

The discussion will concentrate on the practice of application of Law 57-FZ ‘Concerning the Procedure for Foreign Investments in Business Entities of Strategic Importance for National Defence and State Security’ by regulatory forces

Topics for discussion

• Problems in defining direct and indirect control.
• The relationship between the concepts of ‘control’, ‘solution blocking’, ‘determination of conditions for business activity’.
• Aspects of application of Law 160-FZ.
• The application of Law 57-FZ in transactions with companies engaged in activities related to strategic ones

• A mechanism for monitoring the implementation by foreign investors of» any «transactions with Russian business companies
Irina Akimova, Partner, Head of Antitrust Practice, Attorney, BGP Litigation

• Contentious Issues of Determining Indirect Control for the Purposes of Federal Law 57-FZ
Elena Sokolovskaya, Partner, Head of Antitrust Practice, Pepeliaev Group

• Acquisition of controlling rights over strategic companies: analysis of the concepts of control, veto rights and rights to determine terms of business
Evgeny Yuriev, Advisor, Herbert Smith Freehills CIS LLP

Experts
Andrey Rego, Director of the Department of Regulatory Risks, MTS
Nikolay Voznesensky, Partner, Bryan Cave Leighton Paisner (Russia) LLP

11:00 – 11:15. Coffee-Break

11:15 – 12:15. Session 2. Control of economic concentration: European experience
The discussion will take place in Q&A format and will touch upon the following aspects of the coordination of M&A transactions.

Moderator
Konstantin Bondarenko, lawyer, associate, Cleary Gottlieb Steen & Hamilton LLP (Brussels)

Discussion participants
François-Charles Laprévote, Partner, Cleary Gottlieb Steen & Hamilton LLP (Brussels)
Andrey Tsyganov, Deputy Head, Federal Antimonopoly Service of the Russian Federation
Richard Pepper, Counsel, Cleary Gottlieb Steen & Hamilton LLP (Brussels)
Nelly Galimkhanova, Head of Industry Control Department, Federal Antimonopoly Service of the Russian Federation

12:15 – 12:30. Coffee-Break

12:30 – 14:00. Session 3. International experience in countering cartels. Experience in the transformation of antimonopoly compliance systems - from papers to real mechanisms.

Moderator
Andrey Tenishev, Head of Anti-Cartel Department, Federal Antimonopoly Service of the Russian Federation
Anton Subbot, Partner, Baker McKenzie

The session participants will discuss the goals, approaches and immediate prospects of the anti-cartel initiatives in various jurisdictions and their impact on the development of competition.
The session will answer the question of what are cartels in the modern economy of developed countries and in Russia. Participants will try to formulate a vision for the future: what forms cartels can take in five or ten years. And in this regard, what tools will be needed and will be most effective and in demand in the fight against them.
Exchange of experience is always interesting to conference participants. What knowledge and competencies in the fight against cartels can be used in Russia from the experience of other antitrust authorities and what advanced Russian experts can share? As a result, the answer to the question is interesting: how in different jurisdictions determine the main center of gravity in the fight against cartels? Does it lie in the legislation on protection of competition (including administrative and criminal penalties), in industry legislation, or especially in the economic sphere?
A list of significant court cases over the past three years in the field of the fight against cartels will also be given, and some significant stories will be examined in detail.
We will also discuss how Russian companies build an effective system of internal control and compliance risk management and integrate it into the corporate governance system.

Introductory speech
Andrey Tsarikovskiy, Stats-Secretary, Deputy Head, Federal Antimonopoly Service of the Russian Federation

• Cartel Enforcement and Regulation in Germany
Lina Taltseva, Research Associate, Baker McKenzie (Dusseldorf)

• Best practices to deploy for cartel enforcement in Russia
Natalya Mosunova, LL.M, PhD, Research Associate, Centre for Competition Policy, University of East Anglia

• EU-wide trucks producers cartel case: the history of the investigation and follow-on litigation
Vitaly Dianov, Partner, Bryan Cave Leighton Paisner (Russia) LLP

• The role of economic analysis in cases of electronic cartels and algorithms
Vitaly Pruzhansky, Partner, RBB Economics

• Experience in the transformation of antimonopoly compliance systems – from papers to real mechanisms
Tamara Merebashvili, Head of Corporate and Property Relations, Inter RAO

14:00 – 15:00. Lunch