Маргарита Горовцова
wstock / Depositphotos.com
Антимонопольная служба заявила1 на своем сайте, что не выдает и не планирует выдавать специальные сертификаты для защиты компаний от обвинения в злоупотреблении доминированием или сговоре.
Таким образом ФАС России отреагировала на появившиеся в некоторых СМИ материалы, связанные с использованием антимонопольного комплаенса. Напомним, вчера заместитель руководителя антимонопольной службы Андрей Цыганов отметил, что добровольное устранение нарушения, выявленного в ходе комплаенса, может смягчить ответственность.
Чиновники поясняют, что ФАС России только согласовывает акты или проекты актов об антимонопольном комплаенсе компании. Если такие внутренние акты содержат все обязательные элементы (ч. 2 ст. 9.1 Федерального закона от 26 июля 2006 г. № 135-ФЗ «О защите конкуренции») и представленные документы не противоречат действующим нормам, служба дает заключение об их соответствии требованиям антимонопольного законодательства.
Должна ли компания регулярно представлять в ФАС России перечень лиц, входящих с ней в одну группу? Узнайте в Энциклопедии решений. Корпоративное право системы ГАРАНТ. Получите полный доступ на 3 дня бесплатно!
В антимонопольном ведомстве добавили, что внедрение антимонопольного комплаенса и следование его требованиям позволяет компании не допустить нарушения антимонопольного законодательства. Иными словами, если организация действует в соответствии с согласованными ФАС России актами антимонопольного комплаенса, она не может нарушить антимонопольное законодательство при совершении действий, перечисленных в согласованном комплаенсе.
Но если компания нарушает правила утвержденного комплаенса или действует за его рамками, она будет привлечена к ответственности.
Таким образом, сам факт согласования с ФАС России внутреннего акта о системе комплаенса не гарантирует отсутствие обвинений в будущем.
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1 С информацией можно ознакомиться на официальном сайте ФАС России (https://fas.gov.ru/news/31380).
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