About the conference
The International Scientific and Practical Conference “Antimonopoly Policy: Science, Practice, Education” is a key discussion platform for the Russian antimonopoly community on the current issues of competition policy development and improvement of antimonopoly regulation both domestically and in global markets.
The annual conference brings together heads and staff of antitrust agencies of the BRICS countries and partners, leading practicing lawyers and academics from all over the world, representatives of socially important business sectors where competition is of particular importance. It is no coincidence that the conference is traditionally held in the Skolkovo Innovation Center, a place where established regulatory approaches are tested and revised in the context of the interests of innovative development.
The annual conference brings together heads and staff of antitrust agencies of the BRICS countries and partners, leading practicing lawyers and academics from all over the world, representatives of socially important business sectors where competition is of particular importance. It is no coincidence that the conference is traditionally held in the Skolkovo Innovation Center, a place where established regulatory approaches are tested and revised in the context of the interests of innovative development.
In 2023 Russia celebrates the 30th anniversary of the Constitution of the Russian Federation. This year the conference will focus on the role and place of competition protection in the system of constitutionally protected values today, the issues of combating cartels, the peculiarities of mergers and acquisitions in the time of global transformation. The conference will also include a meeting of the BRICS+ Working Group for the Research of Competition Issues in Pharmaceutical Markets, which will discuss compulsory licensing practices and the balance between competition and patent protection.
Milestones
1
The conference is initiated by the Federal Antimonopoly Service of Russia. The co-organizers are traditionally the International BRICS Competition Law and Policy Centre (formerly the Skolkovo-HSE Institute for Law and Development) and the Skolkovo Foundation.
2
For the first time, the All-Russian Scientific and Practical Conference "Antimonopoly Policy: Science, Practice, Education" was held at the FAS site in 2015 with the participation of all basic departments of competition law and antimonopoly regulation.
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II International Scientific and Practical Conference "Antimonopoly Policy: Science, Practice, Education" dedicated to the topic "Competition Policy in the New Economy" was held in 2016 on the basis of the Skolkovo Foundation — since then the Skolkovo Innovation Center has become a permanent venue for the conference.
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III International Scientific and Practical Conference "Antimonopoly Policy: Science, Practice, Education. Digital Economy and Competition Policy" (2017) was devoted to the following topics: competition law in the system of modern education and science, new approaches in defining markets when establishing a dominant position and considering economic concentration transactions, as well as risks for antitrust enforcement associated with the global nature of digital transformation.
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IV International Scientific and Practical Conference "Antimonopoly Policy: Science, Practice, Education" (2018) was dedicated to the adaptation of antimonopoly policy to the needs of the digital economy.
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V International Scientific and Practical Conference "Antimonopoly Policy: Science, Practice, Education" (2019) discussed trends in the formation and implementation of competition policy in modern conditions, the role of international cooperation in improving the effectiveness of antimonopoly authorities, as well as the formation of coordinated approaches to the development and protection of competition taking into account the challenges of modernity.
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VI International Scientific and Practical Conference "Antimonopoly Policy: Science, Practice, Education" (2020) was timed to coincide with the 30th anniversary of antitrust regulation in Russia and was held in an online format. The topics of discussion included competition problems on the markets of pharmaceuticals and medical devices, anticompetitive agreements and antitrust regulation of digital markets amidst a pandemic.
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VII International Scientific and Practical Conference "Antimonopoly Policy: Science, Practice, Education" (2022) included discussions on competition in digital markets, the development of exchange trading to maintain competition in commodity markets, best practices for the suppression and detection of cartels, and research on competition issues in pharmaceutical markets.
CONTACTS
PLENARY SESSION"Constitutional Bases for the Development of Competition in Russia and Abroad" (Main Hall)
The year 2023 marks the 30th anniversary of the Constitution of the Russian Federation. The constitutional and legal principles of competition protection laid down 30 years ago are the fundamental guideline for the formation and development of modern state policy for the development of competition in Russia.
This principle was given additional meaning three years ago by the new Article 75.1 of the Constitution, which proclaimed the creation of conditions for sustainable economic growth of the country and improvement of citizens' well‑being for mutual trust of the state and society.
This constitutionally determined need to protect competition and ensure sustainable development of the state rightfully forms the semantic core of antimonopoly regulation.
The constitutional enshrinement of the key principles of competition protection is part of the legal architecture of both key Western jurisdictions, which have historically included relevant constitutional provisions, and our BRICS partners. For example, the recent lively debate in South Africa on the adoption of the key principles of competition protection in South Africa in the wake of the constitutional court's decision on the Mediclinic, Wilmed and Sunningdale deal in 2021, demonstrated the close link between the approach to competition protection and the constitutional principles of the organization of life in the country.
In Russia, the problematics of competition protection issues are also actively manifested in the decisions of the Constitutional Court of the Russian Federation. For example, in its ruling No. 8‑P dated February 13, 2018, the Constitutional Court of the Russian Federation expressly established that competition protection applies to all types of legal relations, which is not fully realized in Russian legislation, as a whole block of economic relations on the turnover of intellectual rights is explicitly excluded by law from the sphere of competition protection.
The past thirty years since the adoption of the Constitution and three years after the inclusion of the new Article 75.1 in it is a good time to discuss the implementation of the constitutional principles of competition protection both in the legislation and in the law enforcement practice of our country. The lived experience of our colleagues in the BRICS countries and in other jurisdictions is a good support for the discussion on these issues.
This principle was given additional meaning three years ago by the new Article 75.1 of the Constitution, which proclaimed the creation of conditions for sustainable economic growth of the country and improvement of citizens' well‑being for mutual trust of the state and society.
This constitutionally determined need to protect competition and ensure sustainable development of the state rightfully forms the semantic core of antimonopoly regulation.
The constitutional enshrinement of the key principles of competition protection is part of the legal architecture of both key Western jurisdictions, which have historically included relevant constitutional provisions, and our BRICS partners. For example, the recent lively debate in South Africa on the adoption of the key principles of competition protection in South Africa in the wake of the constitutional court's decision on the Mediclinic, Wilmed and Sunningdale deal in 2021, demonstrated the close link between the approach to competition protection and the constitutional principles of the organization of life in the country.
In Russia, the problematics of competition protection issues are also actively manifested in the decisions of the Constitutional Court of the Russian Federation. For example, in its ruling No. 8‑P dated February 13, 2018, the Constitutional Court of the Russian Federation expressly established that competition protection applies to all types of legal relations, which is not fully realized in Russian legislation, as a whole block of economic relations on the turnover of intellectual rights is explicitly excluded by law from the sphere of competition protection.
The past thirty years since the adoption of the Constitution and three years after the inclusion of the new Article 75.1 in it is a good time to discuss the implementation of the constitutional principles of competition protection both in the legislation and in the law enforcement practice of our country. The lived experience of our colleagues in the BRICS countries and in other jurisdictions is a good support for the discussion on these issues.
BRICS+ SESSION"Combating Cartels꞉ Priorities and Future Vision" (Main Hall)
The prevention of cartels and other agreements restricting competition is one of the priority activities of competition authorities. Such work is especially important in the sector of state and municipal orders to ensure the country's economic security.
The FAS of Russia has developed an effective system for detecting collusive agreements꞉ from detecting signs of collusion to bringing violators to administrative and criminal liability.
Digitalization of the process of identifying signs of conclusion and implementation of anticompetitive agreements will make it possible to ensure significant budgetary savings, estimated in the billions of rubles, through the decartelization of the state and municipal procurement and the creation of competitive conditions for bidders.
That is why the FAS of Russia is closely cooperating with developers of various information systems and tools, and is also working on the project of a new version of the analytical information system (AIS) "Anticartel", the creation and financing of which is supported by the Government of the Russian Federation and is planned for 2024 – 2025.
The participants of the session are invited to discuss priority areas of anti‑ cartel activities, promising solutions to the challenges faced by antitrust authorities, review best practices in cartel prevention and detection, and get acquainted with the existing digital tools used to combat cartels.
The FAS of Russia has developed an effective system for detecting collusive agreements꞉ from detecting signs of collusion to bringing violators to administrative and criminal liability.
Digitalization of the process of identifying signs of conclusion and implementation of anticompetitive agreements will make it possible to ensure significant budgetary savings, estimated in the billions of rubles, through the decartelization of the state and municipal procurement and the creation of competitive conditions for bidders.
That is why the FAS of Russia is closely cooperating with developers of various information systems and tools, and is also working on the project of a new version of the analytical information system (AIS) "Anticartel", the creation and financing of which is supported by the Government of the Russian Federation and is planned for 2024 – 2025.
The participants of the session are invited to discuss priority areas of anti‑ cartel activities, promising solutions to the challenges faced by antitrust authorities, review best practices in cartel prevention and detection, and get acquainted with the existing digital tools used to combat cartels.
BRICS+ SESSION"Specific Features of Antimonopoly Control over Mergers and Acquisitions in Times of Economic Transformation" (Main Hall)
The largest cross‑border and localized mergers and acquisitions have always been on the antimonopoly control agenda. In the fast‑changing economic environment, regulators face new challenges.
Firstly, many transactions represent the cooperation of digital companies in fundamentally new markets, requiring adapted approaches to economic analysis of the degree of impact on competition. Secondly, the practice of cross‑border transactions that involve many jurisdictions continues to exist and requires cooperation between antitrust authorities and the development of common approaches. Thirdly, international cooperation and foreign investments in the strategic sectors of the national economies may give rise to special regulatory requirements combining the tasks of investment promotion, competition protection and balancing national interests.
Finally, regulators are faced with transactions involving the sale of assets to new investors by current shareholders in connection with the imposition of unilateral restrictive measures. Such transactions may be horizontal in nature. However, their execution brings with it the prospect of preservation of the enterprise and its development by the relevant investor. Balanced approaches to the development of precise regulatory solutions and sometimes special regulation of such transactions as a5whole are required.
Firstly, many transactions represent the cooperation of digital companies in fundamentally new markets, requiring adapted approaches to economic analysis of the degree of impact on competition. Secondly, the practice of cross‑border transactions that involve many jurisdictions continues to exist and requires cooperation between antitrust authorities and the development of common approaches. Thirdly, international cooperation and foreign investments in the strategic sectors of the national economies may give rise to special regulatory requirements combining the tasks of investment promotion, competition protection and balancing national interests.
Finally, regulators are faced with transactions involving the sale of assets to new investors by current shareholders in connection with the imposition of unilateral restrictive measures. Such transactions may be horizontal in nature. However, their execution brings with it the prospect of preservation of the enterprise and its development by the relevant investor. Balanced approaches to the development of precise regulatory solutions and sometimes special regulation of such transactions as a5whole are required.
Meeting of the BRICS+ Working Group for the Research of Competition Issues in Pharmaceutical Markets. "Pharmaceutical markets꞉ Compulsory Licensing and Patent Formation" (Main Hall)
Currently, the development of competition in the global pharmaceutical market is one of the key issues on the agenda of antimonopoly authorities. The regulators use various mechanisms to increase the availability of medicines, increase their production, reduce their cost and prevent anti‑6competitive practices on the markets.
One of such mechanisms is emergency registration of drugs, patenting and compulsory licensing of medicines. The institution of compulsory licensing is central to the system of checks and balances in the field of intellectual property and is used by countries as an anti‑crisis tool that helps to restore the balance between the interests of right holders and the society that needs access to innovation.
Previously, Russia applied a compulsory licensing mechanism for the production of Remdesivir. In many countries, including Vietnam and South Korea, there is an institution of "patent linkage", which implies that the issuance of a registration certificate for a drug is dependent on the valid patent for the original drug. Brazil has a number of exemptions from patent protection, while India and South Africa allow the manufacture, use, sale or importation of a patented invention if done solely for the purpose of collecting and filing information. China allows the manufacture, use and importation of patented drugs or medical devices for the purpose of providing information necessary for administrative procedures and state registration.
These measures are aimed not only at saturating the market with the necessary drugs in a certain time period, but also at creating a favorable business climate and achieving economic growth in the long term.
An issue that has not yet been resolved in Russia is the boundaries of application of antimonopoly legislation to intellectual property rights. Russian antimonopoly legislation still has "immunities" for violations related to the intellectual property. However, in international practice there are no such exceptions, and abuses of intellectual rights that have a restrictive effect on competition are investigated by antimonopoly authorities.
The participants are invited to discuss trends in the application of compulsory licensing and other forms of use of inventions without the right holder's permission, consider topical issues of intellectual property rights protection, and assess how effective antimonopoly regulation contributes to the growth and development of the pharmaceuticals market, including by correcting anticompetitive behavior related to the abuse of intellectual property rights.
One of such mechanisms is emergency registration of drugs, patenting and compulsory licensing of medicines. The institution of compulsory licensing is central to the system of checks and balances in the field of intellectual property and is used by countries as an anti‑crisis tool that helps to restore the balance between the interests of right holders and the society that needs access to innovation.
Previously, Russia applied a compulsory licensing mechanism for the production of Remdesivir. In many countries, including Vietnam and South Korea, there is an institution of "patent linkage", which implies that the issuance of a registration certificate for a drug is dependent on the valid patent for the original drug. Brazil has a number of exemptions from patent protection, while India and South Africa allow the manufacture, use, sale or importation of a patented invention if done solely for the purpose of collecting and filing information. China allows the manufacture, use and importation of patented drugs or medical devices for the purpose of providing information necessary for administrative procedures and state registration.
These measures are aimed not only at saturating the market with the necessary drugs in a certain time period, but also at creating a favorable business climate and achieving economic growth in the long term.
An issue that has not yet been resolved in Russia is the boundaries of application of antimonopoly legislation to intellectual property rights. Russian antimonopoly legislation still has "immunities" for violations related to the intellectual property. However, in international practice there are no such exceptions, and abuses of intellectual rights that have a restrictive effect on competition are investigated by antimonopoly authorities.
The participants are invited to discuss trends in the application of compulsory licensing and other forms of use of inventions without the right holder's permission, consider topical issues of intellectual property rights protection, and assess how effective antimonopoly regulation contributes to the growth and development of the pharmaceuticals market, including by correcting anticompetitive behavior related to the abuse of intellectual property rights.