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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of June 9, 2007 No. 359

About approval of conditions of recognition dominating provisions of the financial organization (except for credit institution) and rules of establishment of dominant position of the financial organization (except for credit institution)

(as amended on 26-08-2013)

According to part 7 of article 5 of the Federal law "About Protection of the Competition" Government of the Russian Federation decides:

Approve enclosed:

Recognition conditions dominating provisions of the financial organization (except for credit institution);

Rules of establishment of dominant position of the financial organization (except for credit institution).

Russian Prime Minister

M. Fradkov

 

Approved by the Order of the Government of the Russian Federation of June 9, 2007 No. 359

Recognition conditions dominating provisions of the financial organization (except for credit institution)

The provision of the financial organization in the goods market giving to such financial organization the chance to exert decisive impact on general terms of the address of financial service in the corresponding market, and (or) to eliminate from the goods market of other business entities, and (or) to complicate it access to the goods market is recognized dominating.

The dominant position in the goods market of several financial organizations entering group of persons, operating in borders of the goods market is established in total for group of persons.

Taking into account the relative size of the shares in the corresponding goods market belonging to the competitors dominating the provision of the financial organization concerning which the following conditions are satisfied in total is recognized:

the share of the financial organization exceeds 10 percent on the only thing in the Russian Federation the goods market or 20 percent in the goods market, the goods addressing on which are traded also on other goods markets in the Russian Federation;

the share of the financial organization in the goods market during the long period of time (at least one year or during the term of existence of the corresponding goods market if such term constitutes less than one year) increases and (or) steadily exceeds 10 percent on the only thing in the Russian Federation

the goods market or 20 percent in the goods market, the goods addressing on which are traded also on other goods markets in the Russian Federation.

Approved by the Order of the Government of the Russian Federation of June 9, 2007 No. 359

Rules of establishment of dominant position of the financial organization (except for credit institution)

I. General provisions

1. These rules determine procedure for establishment of dominant position of the financial organization (except for credit institution) when considering the case about antitrust violation and when implementing the state control of economic concentration.

2. These rules extend to the separate financial organizations, and also to the financial organizations constituting one group of persons.

3. Availability of dominant position of the financial organization is not antitrust violation of the Russian Federation.

II. Establishment of dominant position of the financial organization

4. Establishment of dominant position of the financial organization is performed by determination of its share in borders of the goods market irrespective of its location specified in constituent documents.

5. Establishment of dominant position of the financial organization includes the following stages:

a) establishment of the sphere of the address of financial service by delimitation of the corresponding goods market on the basis of research of the demand and supply of financial service;

b) scoping of financial services and shares of the financial organizations in the corresponding goods market;

c) establishment of availability of conditions of recognition dominating provisions of the financial organization.

6. Delimitation of the goods market is performed by determination of type of the financial service which does not have replacement or set of interchangeable financial services, comparable on their functional purpose, application, quality and technical characteristics, the price and other parameters in such a way that the acquirer really replaces or another is ready to replace one financial service in case of consumption, and also determinations of the territory in which borders proceeding from economic, technical or other capability of the acquirer the financial service (financial services) addresses.

7. For the purpose of calculation of amount of financial services in the goods market the main indicators (in value term) is the following:

a) concerning services in trust management of securities - total cost of the property (securities and means of investment into securities) delivered in trust management of the financial organization;

b) concerning the services rendered by the insurer and society of mutual insurance - amount the collected financial organization of insurance premium for each type of insurance for the accounting period;

c) concerning leasing services - the total amount of leasing payments for all duration of the agreement of leasing and buyback price of subject of leasing if it is provided by the agreement of leasing, less the leasing payments received under the specified agreements;

d) concerning services in non-state pension provision - amount of the pension contributions collected by the financial organization;

e) concerning the services rendered by the stock and currency exchange, the trading volume including in asset types;

e) concerning the services rendered by managing company of investment fund and managing company of mutual investment fund - total cost of the property (assets) belonging to investment fund or constituting mutual investment fund (net assets value) and delivered in trust management of the financial organization;

g) concerning the services rendered by managing company of non-state pension fund - total cost of the assets (pension reserves, pension accruals) of non-state pension fund delivered in trust management of the financial organization;

h) concerning the services rendered by specialized depositary of investment fund, mutual investment fund, non-state pension fund - total cost of the property belonging to investment fund, non-state pension fund or constituting mutual investment fund and being stored in specialized depositary;

i) concerning the services rendered by insurance broker - the size of the income of insurance broker under the agreement on rendering broker services;

j) concerning the services rendered by credit consumer cooperative - amount of the loans issued by the financial organization;

k) concerning the services rendered by pawnshop - amount of the loans issued by the financial organization;

l) concerning the services rendered by depositary - amount of the services rendered under the depositary agreement;

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