Antitrust Disputes
Representation in court in cases of violation of antimonopoly law
Antimonopoly disputes include a wide range of disputes related to the violation of antimonopoly legislation, which, first of all, regulates the prevention and suppression of monopolistic activities and unfair competition, as well as the prevention, restriction and elimination of competition.
Features associated with specific violations of antimonopoly law require an individual approach to each specific case and careful legal analysis.
A significant part of antimonopoly disputes are cases of contesting the decisions and actions of the antimonopoly bodies of the Federal Antitrust Service of Russia. When violations are detected, the Federal Antimonopoly Service makes decisions, issues instructions and warnings affecting important aspects of the economic activity of economic entities that are responsible for violating the antimonopoly law. In addition, antimonopoly disputes arise directly between economic entities in case of violation of competition or monopolistic activity by one of them.
Types of antitrust cases
- Disputes related to the invalidation of decisions and orders of the antimonopoly authorities
- Disputes related to the invalidation of decisions and orders of the antimonopoly authorities
- Disputes on public procurement related to the restriction of competition
- Disputes on state defense procurement related to the restriction of competition
- Disputes on advertising related to the restriction of competition
- Disputes within the control of economic concentration
- Disputes and disagreements related to the establishment and (or) application of prices (tariffs) (standardized tariff rates, fees, surcharges) in the fields of electric power, heat supply, water supply and sanitation, as well as in the field of activities of natural monopoly entities
- Controversy related to cartel collusion
- Disputes arising from unfair competition
- Disputes related to the appeal of anti-competitive agreements and actions
- Disputes in connection with the creation of discriminatory conditions for the activities of an economic entity in the commodity market
The procedure for considering antimonopoly disputes
Consideration of disputes related to the application of antimonopoly law has significant specifics associated with the economic component of various aspects of compliance with antimonopoly requirements, as well as significant experience and expertise of antimonopoly authorities in investigating antimonopoly cases.
Antimonopoly disputes, depending on the subject and content of the dispute, may be considered in an administrative or judicial proceeding.
In the administrative procedure, antimonopoly disputes are subject to consideration by the central office of the procurement or the territorial departments of the Federal Antitrust Service of Russia of the relevant constituent entities of the Russian Federation. Appealing the decisions of the Federal Antitrust Service of Russia bodies is carried out in court or in the order of subordination – to a higher antimonopoly organ.
According to Article 52 of the Federal Law of July 26, 2006 No. 135-FZ “On Protection of Competition”, a decision or order of the antimonopoly body can be appealed within 3 months from the date of the resolution or issue of the order. If an application is filed with a court or arbitration court, the execution of the order of the antimonopoly body is suspended until the court decision enters into legal force.
For most categories of antimonopoly disputes, there is no mandatory pre-trial settlement procedure. However, it should be borne in mind that a claim or other pre-trial procedure for resolving a dispute is mandatory in cases provided for by an agreement or law.
In court, antimonopoly disputes are under the jurisdiction of the arbitration court. Consideration of judicial antimonopoly disputes is carried out in accordance with the rules of the Arbitration Procedure Code of the Russian Federation, taking into account the procedural features of the type of legal proceedings.
