The Government of the Russian Federation has lifted the moratorium on the inspection of some IT companies by the antimonopoly service (the material has been supplemented)

The Government of the Russian Federation has lifted the moratorium on the inspection of some IT companies by the antimonopoly service (the material has been supplemented)

The Federal Antimonopoly Service of Russia (FAS) announced that the Government of the Russian Federation has canceled the ban on state control of accredited organizations in the field of information technologies. The ban was introduced in 2022. The resolution was adopted on March 20, 2024.

According to FAS, the agency receives a large number of complaints from various IT companies, including small and medium-sized enterprises, about violations by dominant companies. And inspections of these companies were limited.

FAS believes that removing antimonopoly control from the moratorium on inspections of IT companies will make it possible to fight abuse by dominant digital services and platforms, protect the rights and interests of small and medium-sized businesses, and prevent collusion in the IT sphere. Also, these actions will contribute to the development of the industry in conditions of fair competition. The lifting of the moratorium will take effect on March 28, 2024.

The Ministry of Digital Affairs of the Russian Federation issued an explanation regarding the lifting of the moratorium. The ministry said that the lifting of the moratorium on inspections will affect only a few IT companies. The changes relate to Article 10.1 of the Federal Law “On Competition”. It provides for a ban on abusing the dominant position of business entities that own a digital platform.

The dominant digital platforms are an extremely small group of IT market participants. To be such a company you must:

  • have a digital platform;

  • the share of transactions between the buyer and the seller must be more than 35% of all transactions on this market;

  • revenue should be over ₽2 billion.

And most importantly, the moratorium will continue to apply to all scheduled inspections, including compliance with antimonopoly legislation.

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