The initiative obliges digital platforms to agree with FAS on transactions, the price of which exceeds 7 billion rubles.
Antimonopoly restrictions are being introduced in Russia for digital platforms — marketplaces and aggregators. Such a law was adopted by the State Duma in order to prevent their owners from abusing their dominant position. The law will come into force on September 1, 2023.
The bill was submitted by the government to the State Duma in July 2022 and is part of the so-called Fifth Antimonopoly Package, designed to identify anti-market actions and cartel agreements among large Internet platforms.
"By not selling anything, such companies can influence suppliers, buyers and determine prices. The purpose of the changes is just to ensure that such influence does not lead to unreasonable price increases or restrictions on choice,"
Prime Minister Mikhail Mishustin explained the initiative.
The law introduces a new definition of the "network effect", which is understood as a property of the commodity market, in which the consumer value of a digital platform changes depending on changes in the number of sellers and buyers who make transactions through it. And establishes the criteria of dominant position in the market for aggregators of online commerce that use the "network effect": revenue for the last calendar year exceeds 2 billion rubles, the share of transactions in a particular product market exceeds 35%.
The Federal Antimonopoly Service (FAS) of Russia will determine the network effect and assess the ability of owners of digital platforms to have a decisive influence on circulation of goods — transactions with a price of more than 7 billion rubles will be agreed with the antimonopoly service.
A new article is being introduced which gives the FAS the right to appoint an expert examination when considering applications for consent to a transaction. The term of consideration of the application will be suspended for the term of the expertise.
Source: Forbes
