Analytics and brochures
The concept of “collective dominance” is reflected in the Federal Law “On the Protection of Competition” (the “Competition Law”). Despite the concept of “collective dominance” not being directly used in the legislation, the criteria creating the conditions for it to emerge are set out in Part 3 of Article 5 of the Competition Law. Qualitative and quantitative criteria are distinguished.
The Eurasian Economic Commission (the “Commission”) is becoming ever more significant as a platform for antimonopoly authorities in the member states of the Eurasian Economic Union (“EAEU”) to engage with each other in the area of investigations, information exchange and the reviewing of cases that show signs of a breach of general competition rules for cross-border markets. Although the Commission’s administrative and judicial practice is not yet sufficiently extensive, it has already shaped the principal approaches to analysing such markets and helped to identify the areas where regulation requires further improvement and various tools need to be used for the closer collaboration of the Union’s controlling bodies.
The economic crisis sparked by the coronavirus pandemic is pushing the Kremlin to clamp down on tax avoidance and close an offshore loophole popular with Russian business, as the government scrambles to plug holes in its budget. Starting in January, Moscow says it will begin taxing at higher rates profits that companies transfer to lower-tax jurisdictions such as Cyprus, Malta and Luxembourg, marking some of the most aggressive steps taken by Moscow in recent years to claw back tax revenue. “Some company clients are looking into options to change their corporate structures, move jurisdictions or return to Russia,” said Rustem Ahmetshin, senior partner at Moscow-based law firm Pepeliaev Group.
Economies across the globe have experienced the grave consequences of the COVID-19 outbreak. A long-lasting decline in business activity, remote work and in some cases even a full suspension of operations are looming for tenants and landlords in many countries. In response to the threats of the pandemic, state authorities are stepping up measures to protect tenants who have suffered from the pandemic and who are traditionally viewed as more the vulnerable party to a lease agreement.
First it is necessary to assess whether the coronavirus pandemic influences a specific company’s performance of its obligations under a specific contract, since the mere fact of the pandemic does not release all the parties to civil relationships from liability for the non-performance or improper performance of obligations.
The restrictions that have been introduced in Russia correspond to those introduced abroad. However, for many companies these may only delay bankruptcy if measures of support for business during the pandemic prove to be insufficient.