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FAS proposed to add regulation of social networks and search engines to the fifth antimonopoly package

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FAS proposed to add regulation of social networks and search engines to the fifth antimonopoly package

The project must be ready by February 17, 2023.

The Federal Antimonopoly Service of Russia has proposed adding regulation of social networks and search engines to the fifth antimonopoly package, according to a letter from the deputy director of the service, Sergei Puzyrevsky, to the Ministry of Digital Development and the Ministry of Economic Development.

Last year, the government introduced a draft amendment to the law “On Protection of Competition”, which will regulate the work of marketplaces and aggregators, and in November it passed the first reading in the State Duma of Russia.

The project, which proposes to expand regulation to digital platforms such as social networks and search engines, which have a daily audience of more than 100,000 users, follows from a letter from the Federal Antimonopoly Service dated November 16, 2022. This bill is necessary to “eliminate a discriminatory approach to the regulation of digital platforms.”

Authorities and market participants continue to discuss changes to the draft law from the fifth antimonopoly package. The Ministry of Digital Development did not support the initiative due to the “untimely regulation” of search engines and social networks, said a Vedomosti source who took part in the discussion of the changes.

The regulation will apply to all major online platforms that affect competition, said Deputy Economic Development Minister Ilya Torosov. The government decided to create a working group with the participation of business and officials, which will analyze the market to determine the need to include non-transactional platforms in regulation, Ilya added.

The project should be ready by February 17, 2023, Dmitry Grigorenko, a spokesman for the Deputy Prime Minister’s office, said. He also stated that the regulation of social media is not part of the current version of the bill. In September 2020, the Russian Federal Antimonopoly Service proposed to ban abuses by large Internet marketplaces and introduce the concept of “network effect”, which means the influence of one platform on market conditions for specific products and the possibility of excluding competitors from the market. These recommendations formed the basis of the fifth antimonopoly package.

Regulation on digital platforms such as social networks and search engines, which have a daily audience of more than 100,000 users, will be expanded, according to the bill, which was passed on first reading. To achieve this goal, a separate draft law will be created, which will be prepared by the FAS, the Central Bank of Russia and other departments by April 20, 2023. The project determines that the share of transactions between third-party sellers and buyers on platforms should be no more than 35% of the total market and revenue should not exceed 2 billion rubles.



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