Analytics and brochures

The regulator is paying special attention to the fight against anti-competitive agreements. The courts are also making no less a contribution, forming common approaches to the consideration of such cases. The decisions of the Russian Constitutional Court are particularly significant: its legal positions contribute to uniform law enforcement in this area. The Court recently adopted two rulings clarifying the issues of cartel immunities and the interpretation of the concept of ‘income’. Elena Sokolovskaya, a partner at Pepeliaev Group, is reviewing the main conclusions.

This article will focus on the issues of confirming economic substance in the UAE.

Before we begin I would like to provide some key background information which will help you to understand what place economic substance has within the system of tax legal relationships.

In September 2022, amendments came into force to the Law on Advertising that have fundamentally changed the format of control over advertising on the Internet and have introduced a recording system for it. Since then, the torrent of questions from market players regarding the application of the updated legislation has only been increasing. Elena Sokolovskaya, partner at Pepeliaev Group, will point out the main issues and analyse the approaches to contentious situations used by the regulators (the Russian Federal Service for Supervision of Communications, Information Technology and the Mass Media and the Russian Federal Antimonopoly Service).

Two draft laws that the Russian Federal Antimonopoly Service developed to toughen criminal and administrative liability for the entry into, and being a party to, a cartel waited in the wings for three years. The State Duma adopted them in the first reading in December 2022. How will the anti-cartel article in the Russian Criminal Code (the “Criminal Code”) and the programme of release from liability change, and what fines will be imposed for impeding antitrust inspections? Read more in the article of Elena Sokolovskaya, Pepeliaev Group’s partner.

The set of documents which help businesses devise an efficient compliance system and understand the process of its implementation will be updated with a new national standard. It will come into effect starting from 2023 and is aimed at creating unified rules and procedures when companies implement tools for preventing antimonopoly risks. Elena Sokolovskaya, partner at Pepeliaev Group, will review, what does the standard offer, and what questions arise owing to it being adopted.