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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of April 26, 2023 No. 662

About cases of admissibility of the agreements signed by public authorities of subjects of the Russian Federation with business entities for the purpose of price stabilization on goods

(as amended of the Order of the Government of the Russian Federation of 04.11.2023 No. 1857)

According to part 2 of article 13 of the Federal law "About Protection of the Competition" Government of the Russian Federation decides:

1. Approve the enclosed general exceptions concerning the agreements signed by public authorities of subjects of the Russian Federation with business entities for the purpose of price stabilization on goods.

2. Determine that the general exceptions approved by this resolution are effective within 3 years from the date of entry into force of this resolution.

3. To Federal Antimonopoly Service when implementing the state control of observance of the antitrust law of the Russian Federation to exclude application of the responsibility measures provided by the antitrust law of the Russian Federation to business entities and public authorities of subjects of the Russian Federation in connection with accomplishment of conditions of the agreements signed according to this resolution by them.

Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of April 26, 2023 No. 662

General exceptions concerning the agreements signed by public authorities of subjects of the Russian Federation with business entities for the purpose of price stabilization on goods

1. This document is applied to the agreements signed by public authorities of subjects of the Russian Federation with the business entities performing deliveries of goods and (or) trading activity (further - business entities), directed to price stabilization on the goods included in the list of separate types of socially important food products of prime necessity concerning which maximum permissible retail prices, and also to the agreements signed by public authorities of the Donetsk People's Republic, the Luhansk People's Republic, the Kherson and Zaporizhia regions, with business entities, directed to price stabilization on goods, except for goods, the prices for which are subject to state regulation (further - agreements), can be established.

The agreement is understood as the arrangement in writing, including in the form of memorandums, declarations, protocols.

The agreement is recognized admissible in case of observance in total of the following compulsory provisions for ensuring the competition:

a) the agreement is open for joining of the business entities (signing by business entities) recognizing provisions of the agreement and ready to assume liabilities following from the agreement and also for exit of business entities from the agreement (termination of the agreement by business entities) by the direction of the adequate notice in public authority of the subject of the Russian Federation;

b) the agreement determines price stabilization methods on goods in the domestic market, including by reduction of prices, not increase in earlier stated prices, establishment of the maximum (extreme) sizes of trade allowances (markups) to the prices;

c) the agreement is signed for the term which is not exceeding this document effective period;

d) the agreement provides liberty of choice by the business entities and (or) persons entering with them one group of persons, partners and (or) the conclusions of contracts with certain sellers or buyers;

e) the public authority of the subject of the Russian Federation notifies Federal Antimonopoly Service within 5 working days from the date of agreement signature with application of a copy of the agreement on agreement signature.

2. The following terms of agreement cannot be acknowledged admissible:

a) conditions on establishment of uniform fixed prices on the goods realized by business entities;

b) conditions about restriction of the business entities and (or) persons entering with them one group of persons in the choice of partners;

c) the conditions providing refusal of the business entities and (or) persons entering with them one group of persons of the conclusion of contracts with certain sellers or buyers;

d) the conditions providing reducing or the termination by the business entities and (or) persons entering with them one group of persons, productions and (or) sales of goods;

e) the conditions contradicting voluntary nature of joining of business entities to the agreement (signing of the agreement by business entities) and (or) exit of business entities from the agreement (termination of the agreement by business entities).

 

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