FAS published recommendations for identification of cartels in the digital economy
The document was prepared as part of the implementation of an interdepartmental program of measures to identify and suppress cartels and other agreements restricting competition for 2019-2023.
With the development of digitalization, new technologies are increasingly being introduced into all areas of economic and social life, including in the field of public procurement - "The consistent digitalization of procurement, carried out by the antimonopoly agency, has made it possible to effectively solve a whole range of tasks related to the development of transparency and efficiency in procurement. However, it has objectively introduced certain risks in our work. The increasingly active use of digital technologies by unscrupulous market participants has become the reason for the development of our project "Big Digital Cat" and served as a prerequisite for understanding the issues of identifying and suppressing digital encroachments on the competition. I think that the positions set out in the guidelines will be useful for both practising specialists and representatives of the scientific community," said Andrey Tenishev, head of the FAS Russia Anti-Cartels Department.
The recommendations are devoted to the most common types of digital evidence of anti-competitive agreements, the current practice of identifying "digital" cartels in which offenders use various software products to implement agreements, qualifications of such actions, and also contain static data of the Federal Antimonopoly Service for the relevant category of cases -"Digital technologies are intensively penetrating all areas of our life. This explains the need for the legal regulation of relations associated with the unfair and sometimes criminal use of the achievements of the fourth industrial revolution, including by the parties to anti-competitive agreements. We continue to systematically generalize the existing practice of using various algorithms, robots and other programs to implement anti-competitive agreements, and develop approaches to the analysis and evaluation of such actions.
Methodological recommendations are one more step on this way," added Anton Teslenko, Deputy Head of the FAS Russia Anti-Cartel Department.