Sevostyanova: change of legal entity duty free in Sheremetyevo may lead to an increase in prices for goods

© / Alexey NikolskySheremetyevo International Airport

Sheremetyevo International Airport - 1920, 04/20/2023

MOSCOW, 20 April – The change of legal entity from duty free at Sheremetyevo Airport may lead to a significant increase in the price of goods sold in it, including due to changes in logistics, commented Angelina Sevostyanova, corporate practice lawyer at Key Consulting Group.
Earlier, a source in the industry said that the largest duty free store in the international terminal C of Sheremetyevo airport was closed as part of the reorganization amid problems with supplies and assortment. Then it was clarified that there was a process of creating a new legal entity that would be able to import goods from open countries.
“This can significantly affect the price. First of all, due to a change in logistics routes, the cost of goods can rise sharply, since you have to overpay for both transportation and duties,” Sevostyanova believes.
According to her, products for duty free in theory can be imported as part of parallel imports, but there is no specific regulation that would allow this to be done freely. It is clarified that imported products should not be under sanctions and their imports must be “approved” by the customs service, which, in turn, may just affect pricing.
In addition, the source reported that the former suppliers no longer work with the current duty free legal entity under the concluded contract, and it cannot sign an agreement with new ones, which is why reorganization is needed.
Sevostyanova explained that such an agreement may indeed include an exclusivity clause – the obligation of the parties not to enter into similar agreements with third parties. Such a condition cannot be considered as a restriction of legal capacity, freedom of contract or autonomy, since the obligation is assumed by the party voluntarily, and the restriction itself is temporary, since it is valid within the term of the relevant agreement.
“In case of violation of the exclusivity condition, the contract can provide for liability measures, as a rule, a forfeit or a fine. To apply them, it is necessary to prove the fact of non-compliance by the party with the accepted restrictions,” the expert added.

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