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9.3. Global Economic Concentration

Friday, 18 May
09:30 - 14:00

Lecture hall, General Staff Building (6-8, Dvortsovaya sq.)

The conditions of globalization and digitalization dictate new rules of antimonopoly control of transactions of economic concentration (M&A transactions). The ways of response of competition authorities to possible anticompetitive practices in the context of the 4th Industrial Revolution, when companies use new business models for global value chains, as well as the latest information technologies to increase their competitiveness require a review. This is due to the fact that global M&A transactions can contribute to the formation of a dominant position in the market for merging companies and inevitably reduce and eventually eliminate market competition.

In the era of the digital economy, when considering global transactions and conducting antimonopoly investigations, new methodological approaches to the analysis of the market and the definition of the boundaries of the commodity market are needed. In addition, the idea of ​​expanding cooperation both between competition authorities and with participants of global M&A transactions is seen as a promising one. Thus, the practice of using the waiver mechanism (refuse of confidentiality) allows for a permanent and full provision of close cooperation between regulators and parties to the transaction. Such refusals of confidentiality have become common practice in Europe and the United States. The system of refusal of confidentiality begins to be introduced in Russia.

During the session, participants will assess the risks of global M&A transactions on changing the structure of the market. In addition, the existing mechanism for controlling mega mergers and acquisitions will be analyzed. Participants will focus on the search for new regulatory approaches to the definition of markets when considering M&A transactions in the context of globalization, as well as the formulation of structural and behavioral requirements for participants of transactions.

Moderator

Andrey Tsyganov

Deputy Head, Federal Antimonopoly Service of the Russian Federation

Speakers

Anna Mirochinenko

Head of the the Department for Control over Agro-industrial Complex, Federal Antimonopoly Service of the Russian Federation

Mulalo Ratshisusu

Deputy Commissioner, Competition Commission of South Africa

Michael Reynolds

Of counsel, Allen & Overy LLP

Ioannis Lianos

Professor, University College London

Cristina Caffarra

Vice President, Charles River Associates

Aleksey Ivanov

Director, HSE-Skolkovo Institute for Law and Development

Anna Numerova

Partner, Egorov Puginsky Afanasiev & Partners

Biography

Anna Numerova has outstanding experience advising on a wide range of antitrust issues, including those related to M&A transactions and the transfer of assets by large local and international companies in Russia and abroad. She also represents clients before the Federal Antimonopoly Service of Russia (FAS Russia) as well as in arbitration courts, focusing on clients from banking, automotive, telecommunications, FMCG, B2B services, aircraft manufacturing, VoIP services and many other sectors.

Anna is a member of the General Council of Competition Experts Association, a member of the Government Commission on Competition and Development of Small and Medium-sized Businesses, a member of the Advisory Board on Advertising of the Federal Antimonopoly Service of Russia. Anna was involved in drafting of the Fourth antimonopoly package of laws.

She also plays an active role in the competition committees of the International Bar Association (IBA) and the American Bar Association (ABA). Anna is an associate professor at the Joint Department with the Federal Antimonopoly Service at the Higher School of Economics, School of Law.

Anna graduated from Moscow Humanitarian University in 2000. She holds a Master’s degree in private law from Russia’s School of Private Law (2008) and an LL.M. in International Business and Economic Law from Georgetown University Law Center (USA) (2011).

In 2015 Anna was awarded a Second-Class Medal of the Order of Merit for the Motherland.

Vitaly Pruzhansky

Partner, RBB Economics

Natalia Korosteleva

Partner, Egorov Puginsky Afanasiev & Partners

Biography

Natalia advises and represents clients in all areas of Russian competition law. She coordinates merger control approvals of domestic and international transactions, regularly appears before the Federal Antimonopoly Service during antitrust investigations in cases concerning abuse of dominance, concerted actions, cartels and vertical restraints, advises on business restructurings and market strategies to comply with antimonopoly regulations, as well as a variety of other matters.

She is a member of the Competition Experts Association, and a number of Advisory Councils at the Federal Antimonopoly Service of Russia. Thanks to her active involvement in drafting of laws, she has contributed to the drafting of inter alia the Second and the Third “Antimonopoly Packages” of laws, of amendments and additions to the federal laws “On Competition Protection” and “On Strategic Investments”, of the Governmental Regulation No. 583 (with respect to “vertical agreements”).

In 2016 Natalia has been named as one of the Global Competition Review’s Women in Antitrust, being the only lawyer from Russia to be featured among the 100 elite practitioners working on public and private aspects of antitrust litigation and enforcement across multiple jurisdictions.

Natalia Korosteleva graduated from the Law School of Krasnoyarsk State University in 2001 and the All-Russian State Tax Academy of the Ministry of Finance of the Russian Federation in 2005. In 2008 she also completed a business law course at the International Law Institute, Washington, DC, USA.

Evgeny Bolshakov

Counsel, Egorov Puginsky Afanasiev & Partners

Biography

Evgeny Bolshakov specialises in antimonopoly regulations including those related to distribution agreements and antimonopoly law violations. He has extensive experience in protecting the interests of clients in course of the investigation carried out by the antimonopoly bodies, as well as in the appealing their decisions before courts.

Evgeny joined Egorov Puginsky Afanasiev & Partners in 2007. Recently, he has been involved in multiple competition law cases such as defending an industrial manufacturer in antimonopoly proceedings, designing a business structure in line with antimonopoly requirements, and contesting various FAS Russia decisions in courts.

He is a member of the Competition Experts Association and a number of the expert council with the FAS Russia. Evgeny participated in drafting the Second and the Third packages of amendments to Russian antimonopoly laws as well as the Decree on Approval of the General Exclusion with Respect to ‘Vertical Agreements’.

Evgeny holds a degree from Moscow State Law Academy and has also completed a training course at the International Law Institute, Washington D.C., USA.


* The Programme may be subject to change