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Competition & EU

One-stop-shop solution for competition law needs

Competition and regulatory authorities now possess far-reaching powers to investigate companies and commercial arrangements, prohibit M&A deals, force divestment of merged businesses, review markets and impose penalties. There is the additional risk of private enforcement such as substantial (follow-on) antitrust damages claims. Being compliant and implementing effective risk mitigation strategies is key.  

We focus not only on problem solving but also on how you can avoid problems in the first place. Our CMS team of competition lawyers in Russia and beyond has extensive experience in helping navigate these difficult paths so that you can focus on your business. We act for clients in all areas of competition law: 

  • cartels
  • distribution agreements
  • agreements comprising horizontal and vertical restraints
  • abuse of dominance
  • merger control
  • private enforcement
  • state aid 
  • investigations
  • compliance

Our sector approach helps us understand your business environment and get to grips with your issues.

Competition & EU

The CMS Competition Group is one of the largest competition teams in Europe and at the same time one of the most widespread. We offer a one-stop-shop solution to clients for all their competition law needs across Europe and beyond. The lawyers spread across the CMS offices are supported by the CMS EU Law Office in Brussels. The CMS Competition Group has hands-on experience in dealing with the European Commission and all national competition authorities as well as European and national courts.  

What others say about us

The competition law practice at CMS Moscow is excellent overall. We only recently started using the team’s services, but were positively surprised with the outcome and the process. Team members are highly knowledgeable in their field and deliver well-reasoned responses. Legal 500 2020

Please get in touch with the Head of our Competition practice Maxim Boulba

Here you can find a list of all CMS Russia Competition lawyers.

How can we help you?

We will be glad to support you with competition law issues in Russia. Please get in touch with your current request.

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08/04/2022
Bill in­tro­duced in Rus­si­an State Duma al­low­ing sus­pen­sion and ter­min­a­tion...
On 22 March 2022, Pavel Krashe­n­in­nikov, Head of the State-build­ing and Le­gis­la­tion Com­mit­tee of the Rus­si­an State Duma, sub­mit­ted a bill*, which makes it pos­sible to ter­min­ate and sus­pend ob­lig­a­tions due to sanc­tions im­posed on Rus­sia. The bill also es­tab­lishes the pos­sib­il­ity for parties to be re­leased from li­ab­il­ity for breach of con­tract.The fol­low­ing de­scribes this le­gis­lat­ive ini­ti­at­ive in more de­tail:Ter­min­a­tion of ob­lig­a­tion­sAc­cord­ing to the bill, an ob­lig­a­tion is ter­min­ated in full or in part if its per­form­ance “ob­ject­ively be­comes defin­it­ively im­possible” “in the con­text of ‘un­friendly’ ac­tions of for­eign states and in­ter­na­tion­al or­gan­isa­tions as­so­ci­ated with the im­pos­i­tion of re­strict­ive meas­ures” against Rus­si­an in­di­vidu­als and com­pan­ies (i.e. for­eign sanc­tions).Ex­emp­tion of li­ab­il­ity for breach of ob­lig­a­tion­sThe bill provides an ex­emp­tion from li­ab­il­ity for a breach of ob­lig­a­tion for a per­son who proves that prop­er per­form­ance has “ob­ject­ively proved to be tem­por­ar­ily im­possible” in the con­text of for­eign sanc­tions. In this case, the ob­lig­a­tions se­cur­ing the de­faul­ted trans­ac­tion are also un­en­force­able un­less the parties agree oth­er­wise after the bill comes in­to force.Ter­min­a­tion of con­tractThe bill in­tro­duces the right to uni­lat­er­ally ter­min­ate a con­tract if the oth­er party to the con­tract has not per­formed, or per­formed im­prop­erly, its ob­lig­a­tion be­cause such per­form­ance is tem­por­ar­ily im­possible in the con­text of sanc­tions. The party au­thor­ised to do so must give a ter­min­a­tion no­tice to the oth­er party with­in a reas­on­able time. The col­lat­er­al se­cur­ing the ob­lig­a­tions of the parties, which shall sur­vive the uni­lat­er­al ter­min­a­tion of the con­tract or are con­nec­ted with the ter­min­a­tion, shall con­tin­ue to ex­ist, un­less oth­er­wise provided for by law or the con­tract.Se­cur­ity de­positThe bill sub­stan­tially mod­i­fies the treat­ment of se­cur­ity pay­ments.  Un­der this draft law, after 23 Feb­ru­ary 2022, the parties may enter in­to an agree­ment for a se­cur­ity pay­ment to se­cure oth­er ob­lig­a­tions. The pay­ment could con­sist of the de­pos­it of shares, bonds, oth­er se­cur­it­ies or gen­er­ic items.Re­pay­ment by Rus­si­an joint-stock com­pan­ies of loans is­sued by their for­eign con­trolling per­son­sThe bill en­titles Rus­si­an joint-stock com­pan­ies, in­stead of re­pay­ing a loan to lenders who are for­eign con­trolling per­sons of such com­pan­ies, to place ad­di­tion­al shares of a cer­tain cat­egory or type in fa­vour of such lenders. At the same time, joint-stock com­pan­ies are al­lowed to is­sue pref­er­en­tial shares whose nom­in­al value may ex­ceed 25% of the share cap­it­al.The bill does not re­quire proof of a caus­al link between the im­pos­i­tion of sanc­tions and the de­cision to place ad­di­tion­al shares in fa­vour of a lender in­stead of re­pay­ing the loan and pay­ing in­terest on it.Pro­tec­tion not for al­lAc­cord­ing to the bill, the above sup­port meas­ures do not ap­ply to per­sons who “con­trib­uted to the ‘un­friendly’ ac­tions of for­eign states and in­ter­na­tion­al or­gan­isa­tions re­lated to the im­pos­i­tion of re­strict­ive meas­ures” against Rus­si­an in­di­vidu­als and or­gan­isa­tions. The bill does not cla­ri­fy ex­actly what is meant by “con­trib­ut­ing”.Let­ter from the Cham­ber of Com­merce and In­dustry of the Rus­si­an Fed­er­a­tion­In con­nec­tion with the bill, the Cham­ber of Com­merce and In­dustry of the Rus­si­an Fed­er­a­tion has sus­pen­ded its re­view of ap­plic­a­tions for the is­su­ance of find­ings of force ma­jeure un­der con­tracts that were con­cluded with­in the frame­work of do­mest­ic eco­nom­ic activ­ity in con­nec­tion with sanc­tions on for­eign com­pon­ents and equip­ment (Let­ter No. PR/0181* of the Cham­ber of Com­merce and In­dustry of the Rus­si­an Fed­er­a­tion dated 22 March 2022).* In Rus­si­an
14/03/2022
The Mo­scow of­fice of CMS to con­tin­ue as an in­de­pend­ent law firm
Dear FriendsWe have been through a lot dur­ing 30 years in Rus­sia. Now a dif­fi­cult de­cision has been taken by CMS to leave the Rus­si­an mar­ket. We are grate­ful to our in­ter­na­tion­al col­leagues for their...
28/01/2022
Leg­al de­vel­op­ments that may af­fect your busi­ness in 2022
CMS Rus­sia ex­perts have pre­pared their an­nu­al se­lec­tion of the most sig­ni­fic­ant leg­al de­vel­op­ments that may af­fect your busi­ness in Rus­sia in 2022.
01/11/2021
Do­ing busi­ness in Rus­sia
This is the new edi­tion of the CMS Do­ing busi­ness in Rus­sia guide. 
16/07/2021
The Dom­in­ance and Mono­pol­ies Re­view 2021
Read the Rus­sia Chapter of The Dom­in­ance and Mono­pol­ies Re­view 2021, pre­pared by Max­im Boul­ba, part­ner and head of  com­pet­i­tion at CMS Rus­sia, and Elena An­dri­an­ova, Seni­or As­so­ci­ate in the com­pet­i­tion prac­tice.
10/06/2021
CMS Rus­sia earns a re­cord num­ber of re­cog­ni­tions by Best Law­yers 2022
Strong re­cog­ni­tion by the rank­ing 32 CMS Rus­sia ex­perts have been se­lec­ted for in­clu­sion in­to the 2022 edi­tion of the Best Law­yers rank­ing. In total, we have earned 74 re­cog­ni­tions by the rank­ing :Ant­on...
2021
Anti-mono­poly is­sues
In ad­di­tion to set­ting the gen­er­al scene on anti-mono­poly is­sues, this chapter of Do­ing busi­ness in Rus­sia defines the scope of ap­plic­a­tion of the Rus­si­an Com­pet­i­tion Law, out­lines what con­sti­tutes anti-com­pet­it­ive prac­tices and re­stric­tion of com­pet­i­tion, and touches upon li­ab­il­ity is­sues.
16/04/2021
CMS Rus­sia in The Leg­al 500 EMEA 2021
The 2021 edi­tion of The Leg­al 500 EMEA re­cog­nises CMS Rus­sia across 10 prac­tice areas and hon­ours 10 firm ex­perts CMS Rus­sia has been ranked this year in the fol­low­ing 10 cat­egor­ies:Bank­ing & Fin­ance:...
12/03/2021
CMS Rus­sia ex­perts re­cog­nised in the Pravo.ru-300 in­di­vidu­al rank­ing
The lead­ing na­tion­al leg­al dir­ect­ory Pravo.ru-300 has re­vealed the re­com­men­ded law­yers across 29 areas of law.This year sev­en CMS Rus­sia ex­perts have been ac­know­ledged by the rank­ing this year. Pravo.ru-300...
07/03/2021
The Car­tels and Le­ni­ency Re­view 2021
About the 2021 Re­view Car­tels and Le­ni­ency Re­view is­sued by Law Busi­ness Re­search Ltd brings to­geth­er lead­ing com­pet­i­tion law ex­perts from 29 jur­is­dic­tions to ad­dress an is­sue of grow­ing im­port­ance...
08/02/2021
The Tech­no­logy, Me­dia and Tele­com­mu­nic­a­tions Re­view 2020
About the 2020 Re­view The Tech­no­logy, Me­dia and Tele­com­mu­nic­a­tions Re­view is­sued by Law Busi­ness Re­search Ltd oc­cu­pies a unique space in the lit­er­at­ure on TMT is­sues, aim­ing to provide a prac­tic­al...
04/02/2021
Go to France
Are you plan­ning to start a busi­ness in France? Join us for the Go to France edu­ca­tion­al ini­ti­at­ive where CMS Rus­sia ex­perts will speak about the main as­pects of do­ing busi­ness on the French mar­ket. The...