Appealing anti-competitive agreements and practices
Representation in antimonopoly authorities and courts in disputes on appeals against anti-competitive agreements and actions
The prohibition on concluding agreements and taking actions that restrict competition is established by Federal Law No. 135-FZ of July 26, 2006 “On Protection of Competition”.
In particular, individuals, commercial organizations and non-profit organizations are prohibited from entering into “vertical agreements” (agreements between partners), coordinating the economic activities of economic entities, and agreements between economic entities that are participants in the wholesale and (or) retail electricity (capacity) markets, if such agreements lead to price manipulation in the energy market. Also, at the legislative level, a ban has been established on imposing unfavorable conditions on counterparties, taking actions that prevent certain organizations from entering the commodity market, and other violations.
If such violations are identified, interested parties may file a complaint with the Federal Antimonopoly Service or resort to the protection of their rights in court.
For committing offenses in the form of concluding agreements that restrict competition, the perpetrators may be brought to administrative or criminal liability.
Procedure for Considering Disputes on Appealing Competitively Violating Agreements and Actions
The Federal Antimonopoly Service of the Russian Federation has the authority to initiate and consider cases of violation of antimonopoly legislation and to initiate cases of administrative offenses of competition law.
For the fastest consideration of the complaint and the suspension of agreements that impede competition, it is necessary for interested parties to apply directly to the control body.
The current legislation does not contain a ban on going to court to appeal against actions and agreements that violate competition. However, the Federal Antimonopoly Service's complaints are considered in a shorter period of time, and this authority is empowered to issue instructions to violators of competition law, to bring to administrative responsibility and transfer the materials of the audit to law enforcement agencies.
Disputes of this category are mainly arising from legal relations between business entities and are within the jurisdiction of arbitration courts.