Наталья Ключевская
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Минэкономразвития России подготовило соответствующие поправки в Федеральный закон от 26 июля 2006 г. № 135-ФЗ «О защите конкуренции». Так, предлагается установить запрет на приобретение Российской Федерацией, субъектами РФ или муниципальными образованиями, Банком России, государственными и муниципальными образованиями, а также хозяйственными обществами с превалирующей долей прямого или косвенного госучастия акций или долей в уставных капиталах хозяйственных обществ, осуществляющих деятельность на финансовых рынках в условиях конкуренции.
Исключение из указанного запрета предусмотрено только для приобретения Банком России акций или долей финансовых организаций в рамках осуществления мероприятий по предупреждению несостоятельности (банкротства) и приобретения акций или долей в уставных капиталах хозяйственных обществ в случаях, предусмотренных федеральными законами, актами Президента РФ или Правительства РФ.
Если инициатива будет одобрена, то нарушение указанного запрета повлечет за собой признание сделок по приобретению акций или долей в уставных капиталах хозяйственных обществ ничтожными. А антимонопольный орган сможет обращаться в арбитражный суд с требованием о применении последствий недействительности таких сделок.
Какие запреты на согласованные действия и соглашения, ограничивающие конкуренцию, действуют в рамках Закона о защите конкуренции? Узнайте из «Энциклопедии решений. Корпоративное право» в интернет-версии системы ГАРАНТ. Получите полный доступ на 3 дня бесплатно!
Оговорено, что определять финансовый рынок в условиях конкуренции, а также порядок отнесения его к товарным рынкам в условиях конкуренции будет ФАС России по согласованию с Банком России.
Законопроект1 будет проходить публичное обсуждение и независимую антикоррупционную экспертизу до 31 мая. В случае одобрения поправок они начнут действовать через 90 дней после официального опубликования закона. Предполагается, что их принятие будет способствовать повышению эффективности деятельности и развития конкуренции на рынке финансовых услуг.
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1 С текстом проекта федерального закона «О внесении изменений в Федеральный закон «О защите конкуренции» и материалами к нему можно ознакомиться на Федеральном портале проектов нормативных правовых актов (ID проекта: 02/04/05-19/00091227).
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