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It is registered

Ministry of Justice

Russian Federation

On August 9, 2012 No. 25157

ORDER OF FEDERAL ANTIMONOPOLY SERVICE OF THE RUSSIAN FEDERATION

of May 25, 2012 No. 345

About approval of Administrative regulations of Federal Antimonopoly Service on execution of the state function on establishment of dominant position of business entity in case of consideration of the applications, materials, cases on antitrust violation and when implementing the state control of economic concentration

(as amended on 24-12-2015)

According to the order of the Government of the Russian Federation of 16.05.2011 No. 373 "About development and approval of administrative regulations of execution of the state functions and administrative regulations of provision of the state services" (The Russian Federation Code, 2011, No. 22, Art. 3169; 2011, 35, of the Art. 5092) I order to No.:

1. Approve the enclosed administrative regulations of Federal Antimonopoly Service on execution of the state function on establishment of dominant position of business entity in case of consideration of the applications, materials, cases on antitrust violation and when implementing the state control of economic concentration.

3. I reserve control of execution of this order.

Head

I.Yu.Artemyev

Appendix

to the Order of Federal Antimonopoly Service of the Russian Federation of May 25, 2012 No. 345

Administrative regulations of Federal Antimonopoly Service on execution of the state function on establishment of dominant position of business entity in case of consideration of the applications, materials, cases on antitrust violation and when implementing the state control of economic concentration

I. General provisions

Name of the state function

1.1. The state function on establishment of dominant position of business entity in case of consideration of the applications, materials, cases on antitrust violation and when implementing the state control of economic concentration (further - the state function).

The name of the executive body performing the state function

1.2. Execution of the state function is performed by Federal Antimonopoly Service (further - FAS Russia) and its territorial authorities (further together - antimonopoly authority).

The list of the regulatory legal acts regulating execution of the state function

1.3. The antimonopoly authority performs the state function according to:

The Federal Law of 26.07.2006 No. 135-FZ "About protection of the competition" (further - the Marine life protection act of the competition) (The Russian Federation Code, 2006, No. 31 (p. I), Art. 3434; 2007, No. 49, Art. 6079; 2008, No. 18, Art. 1941; No. 27, Art. 3126; No. 45, Art. 5141; 2009, No. 29, Art. 3601; No. 29, Art. 3610; No. 29, Art. 3618; No. 52 (p. I), Art. 6450; No. 52 (p. I), Art. 6455; 2010, No. 15, Art. 1736; No. 19, Art. 2291; No. 49, Art. 6409; 2011, No. 10, Art. 1281; No. 27, Art. 3873, Art. 3880; No. 29, Art. 4291; No. 30 (p. I), Art. 4590; No. 48, Art. 6728; No. 50, Art. 7343);

The Federal Law of 26.12.2008 No. 294-FZ "About protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision) and municipal control" (The Russian Federation Code, 2008, No. 52 (p. I), Art. 6249; 2009, No. 18 (p. I), Art. 2140; 2009, No. 29, Art. 3601; 2009, No. 48, Art. 5711; 2009, No. 52 (p. I), Art. 6441; 2010, No. 17, Art. 1988; 2010, No. 18, Art. 2142; 2010, No. 31, Art. 4160; 2010, No. 31, Art. 4193; 2010, No. 31, Art. 4196; 2010, No. 32, Art. 4298; 2011, No. 1, Art. 20; 2011, No. 7, Art. 905; 2011, No. 17, Art. 2310; 2011, No. 23, Art. 3263; 2011, No. 27, Art. 3880; 2011, No. 30 (p. I), Art. 4590; 2012, No. 19, Art. 2281; 2011, No. 48, Art. 6728);

The regulations on Federal Antimonopoly Service approved by the order of the Government of the Russian Federation of 30.06.2004 No. 331 (The Russian Federation Code, 2004, No. 31, Art. 3259; 2006, No. 45, Art. 4706; No. 49 (p. II), Art. 5223; 2007, No. 7, Art. 903; 2008, No. 13, Art. 1316; No. 44, Art. 5089; No. 46, Art. 5337; 2009, No. 2, Art. 248; No. 3, Art. 378; No. 39, Art. 4613; 2010, No. 9, Art. 960; No. 25, Art. 3181; No. 26, Art. 3350; 2011, No. 14, Art. 1935; No. 18, Art. 2645; No. 44, Art. 6269);

The regulations on territorial authority of Federal Antimonopoly Service approved by the order of FAS Russia of 26.01.2011 No. 30 (No. 20204) is registered in the Ministry of Justice of the Russian Federation 21.03.2011, with the changes made by orders of FAS Russia of 22.04.2011 No. 302 (No. 20763) is registered in the Ministry of Justice of the Russian Federation 17.05.2011, of 28.06.2011 No. 475 (No. 21431) is registered in the Ministry of Justice of the Russian Federation 21.07.2011, of 12.09.2011 No. 643 (No. 22218) is registered in the Ministry of Justice of the Russian Federation 03.11.2011, of 12.12.2011 No. 867 (No. 22758) is registered in the Ministry of Justice of the Russian Federation 27.12.2011, of 01.03.2012 No. 116 (No. 23637) is registered in the Ministry of Justice of the Russian Federation 28.03.2012;

Order of the Government of the Russian Federation of 07.04.2004 No. 189 "Questions of Federal Antimonopoly Service" (Russian Federation Code, 2004, No. 15, Art. 1482; No. 31, Art. 3259; 2006, No. 23, Art. 2527; 2007, No. 1 (p. II), Art. 292; 2008, No. 14, Art. 1414; No. 44, Art. 5089; 2009, No. 6, Art. 738; No. 39, Art. 4613; 2011, No. 6, Art. 888);

The order of the Government of the Russian Federation of 09.06.2007 No. 359 "About approval of conditions of recognition dominating provisions of financial institution (except for credit institution) and rules of establishment of dominant position of financial institution (except for credit institution)" (The Russian Federation Code, 2007, No. 24, the Art. 2926);

The order of the Government of the Russian Federation of 26.06.2007 No. 409 "About approval of conditions of recognition dominating provisions of credit institution and rules of establishment of dominant position of credit institution" (The Russian Federation Code, 2007, No. 27, the Art. 3296);

The procedure for carrying out the analysis of competitive situation in the goods market approved by the order of FAS Russia of 28.04.2010 No. 220 (it is registered in the Ministry of Justice of the Russian Federation 02.08. 2010, No. 18026), with the changes made by the order of FAS Russia of 03.02.2012 No. 65 (No. 23545) (further - the Procedure for carrying out the analysis of competitive situation is registered in the Ministry of Justice of the Russian Federation 21.03.2012);

Administrative regulations of Federal Antimonopoly Service on execution of the state function under approval of share acquisition (shares) in the authorized capital of the commercial organizations, obtaining in property or use of the main production means or intangible assets, the acquisitions of rights allowing to determine conditions of conducting its business activity by business entity in cases, stipulated by the legislation the Russian Federation, the approved order of FAS Russia of 20.09.2007 No. 294 (No. 10370) is registered in the Ministry of Justice of the Russian Federation 19.10.2007, with the changes made by the order of FAS Russia of 06.02.2008 No. 30 (No. 11269) (further - Administrative regulations under approval of share acquisition (shares) is registered in the Ministry of Justice of the Russian Federation 03.03.2008);

The procedure for preparation and conducting checks of activities of territorial authorities of FAS Russia approved by the order of FAS Russia of 04.08.2011 No. 569 (No. 22183) is registered in the Ministry of Justice of the Russian Federation 01.11.2011.

Subject of the state control

1.4. Subject of the state control is observance of requirements of the antitrust law of the Russian Federation (further - the antitrust law) business entities.

The rights and obligations of officials when implementing the state control

1.5. The rights of officials when implementing the state control:

- receive from commercial and non-profit organizations, their officials, federal executive bodies, their officials, public authorities of subjects of the Russian Federation, their officials, local government bodies, their officials performing functions of other specified bodies or the organizations, their officials, and also state non-budgetary funds, their officials, physical persons, including individual entrepreneurs with observance of requirements of the legislation of the Russian Federation on the state secret, bank secrecy, trade secret or about other secret protected by the law the documents, data, explanations in written or oral form connected with the circumstances stated in the application or materials, in the petition (notification).

1.6. The commission on consideration of the case about antitrust violation has the right:

- involve experts, translators, and also persons having data on the circumstances considered by the commission;

- in case of absence on commission session of the persons participating in case and who are properly informed on time and the place of consideration of the case to consider case in their absence;

- carry out the stenograph or audio recording of the meeting;

- request from persons participating in case, documents, data and explanations in written or oral form on the questions arising during consideration of the case;

- recruit in the case of other persons;

- make the decision on prohibition of maintaining by persons participating in case, the audio recording fixing the course of consideration of the case if when considering the case information which is the secret protected by the law is announced;

- make explanation of the decision and (or) instruction without change of their content;

- correct the allowed in the decision and (or) the instruction of slip, typographical error and arithmetic mistakes.

1.7. Obligations of officials when implementing the state control:

- not disclose information, component the state, commercial, office, protected by the law other secret received by antimonopoly authority, except as specified, established by the legislation of the Russian Federation;

- perform the state function according to these Regulations.

1.8. The commission on consideration of the case about antitrust violation shall:

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