The Ministry of Industry and Trade is asked to allow the import of any goods
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Deputy Dmitry Kuznetsov asked the Federal Antimonopoly Service to check the list of goods for parallel imports maintained by the Ministry of Industry and Trade for violations of the law on protection of competition. The deputy notes that now, due to the presence of specific brands in the list, there are problems with the import of those brands that are not in it. In particular, the courts have begun to rule against importers and sellers of these goods. But, experts emphasize, the rejection of names in favor of general categories will lead to the termination of protection for brands that continue to officially work in Russia.
Kommersant got acquainted with the letter of deputy Dmitry Kuznetsov (Fair Russia faction) to the FAS dated July 27. It claims that the Ministry of Industry and Trade violates Art. 15 of the Federal Law “On Protection of Competition”. The deputy believes that the ministry “does not have the authority established by law” to include specific foreign brands in the list of goods allowed for parallel imports. “With legalized parallel imports, the importer should not think about which brand he is allowed to import into the country, the list should simply say “processor”, and not specifically, say, Intel,” Mr. Kuznetsov explained to Kommersant. He asks the Federal Antimonopoly Service to check the orders of the Ministry of Industry and Trade with lists of goods for restrictions on competition.
Director of the Association of Parallel Imports Anatoly Semenov clarifies that due to the presence of specific names in the register of the Ministry of Industry and Trade, the courts began to make decisions against importers and sellers who imported products that are not on the list, even if the manufacturer is foreign and no longer works in Russia: there have been dozens of similar cases, and some suppliers are not allowed through customs because the goods are not on the list.”
After the outbreak of hostilities in Ukraine, most foreign companies limited supplies to the Russian Federation. After that, the Ministry of Industry and Trade created a list of goods and brands whose products can be imported without the permission of the copyright holder, in the summer the document was signed by Vladimir Putin (see Kommersant dated June 28, 2022).
The Ministry of Industry and Trade noted that “when such an appeal is received, it will be considered.” The ministry does not believe that parallel imports limit competition: “The lack of supplies from the official copyright holder is the restriction of competition, which is expressed in a decrease in the number of goods offered.” The Federal Antimonopoly Service said that they had not yet received the letter either.
If the list contains a product code and a brand, then only the specified products of a particular vendor can be imported using parallel import, Georgy Vlastopulo, CEO of the Optimalog logistics company, explains: “But if the brand is not specified, you can import all products that fall under the code included in list of the Ministry of Industry and Trade. Now, he notes, brands fall “according to criteria that are known and evaluated only by the Ministry of Industry and Trade.” The expert believes that “the possible consequences are also analyzed in cases where the brand intends to return to the Russian Federation.”
According to the deputy’s logic, the permission to import goods from one manufacturer as part of parallel imports and at the same time the ban on importing similar goods from others leads to the fact that Russian consumers are limited in their choice of goods, says Ekaterina Smirnova, partner of Digital and Analogue Partners: “But when applying Art. 15 of the Law on Protection of Competition, it is necessary to assess whether there is another law that gives the Ministry of Industry and Trade the right to control parallel imports. And he is.” The FAS can control the actions of state bodies only in connection with the protection of competition, the lawyer clarifies: “If decisions are made outside the context of competition, and in the exercise of other powers, then the FAS does not have the right to challenge the validity and expediency of such decisions.”
The head of the Russian-Asian Union of Industrialists and Entrepreneurs (RASPP), Vitaly Mankevich, believes that it is impossible to remove the names of brands allowed for parallel imports, since in this case, importers will be able to import products that continue to be officially supplied to the Russian Federation without the consent of the copyright holders.
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