Another bundle of amendments to the antimonopoly legislation has become effective

Individuals not registered as individual entrepreneurs although carrying out profitable professional activity are considered to be commercial entities.

Some changes were made to the conceptual framework of the antimonopoly legislation. The issues related to antimonopoly control over prices set at stock exchange were worked out in detail. The features list of a group of persons was précised. Legal regulation of agreements and concerted actions of commercial entities was defined more exactly.

Some norms regulating procedure for entering into agreements in respect of state and municipal property were modified. There was a possibility provided to renew agreement on lease of state and municipal property (including the same allocated to establishments and enterprises) with a tenant which performed its obligations properly without holding a tender. In this case a rent amount shall be based on the market appraisal of rentable property. Moreover, the term for which the agreement shall be renewed should not be less than three years. The landlord shall be entitled to refuse the tenant to exercise such right only in the events expressly provided for by law.

Procedure under which the antimonopoly body shall consider claims related to the breach of tender procedure, procedure for conclusion of agreements and cases on violation of the antimonopoly legislation is established. The antimonopoly body is entitled to issue warnings on impermissibility of antimonopoly offense and notices requesting to cease actions (omissions) containing signs of violation of the antimonopoly legislation.

Control over incorporation and reorganization of companies and certain transactions involving shares (interests) in and assets of companies is extended on foreign persons and/or organizations engaged in shipment of goods to the Russian Federation to the amount exceeding 1 billion rubles during a year proceeding the date of transaction or other action subject to state control. At the same time the minimum threshold for transactions subject to preliminary antimonopoly consent is increased. Such consent is required for such transactions as reorganization (merge, acquisition) and transactions involving shares (interests) and property carried out by persons (groups of persons) where the aggregate value of assets exceeds 7 billion rubles (it used to be three billion rubles before) or where the aggregate amount of proceeds for the proceeding calendar year exceeds ten billion rubles (it used to be six billion rubles before). Some modifications were made to the procedure for filing and considering applications and notifications on transactions.

We note that to the extent related to state and municipal property, lawmakers amended statutory regulation, clarification on application of which was made by the Plenum of the Supreme Arbitration Court of the Russian Federation at the end of last year. In particular, judges of the highest instance used to indicate that the rule under which it was permitted to conclude an agreement on lease of state or municipal property only on the basis of a tender, did not permit to renew the lease agreement with the previously available tenant without holding such tender. However, a lease agreement concluded before the norms on mandatory tender became effective, may be renewed for an indefinite term according to general rules of the Russian Civil Code. In addition, a tenant of state and municipal property has preemption right to renew the agreement and may claim rules and obligations of a successful bidder to be transferred to it.

In addition, in the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation it was set out that in the event of acquisition of the leased property by the tenant, the seller's obligations to transfer the leased property were already fulfilled as such leased property was in possession of the tenant. In this regard the ownership title shall be transferred to the purchaser upon the execution of the share purchase agreement and lease relations cease at the same time. The exception is state or municipally owned land plot, obligations to pay rent for which shall cease upon registration of transfer of ownership title to such land plot (by virtue of the principle of availability of land plot against payment).