Appealing decisions and orders of the antimonopoly body in the court
The antimonopoly authority exercises functions to adopt normative good acts, as well as to control and supervise the observance of legislation in the sphere of competition in the commodity markets, seek competition in the market of financial services, the activities of subjects of natural monopolies and advertisement. Violation of the antimonopoly legislation may serve as a basis for bringing an economic entity to liability in the form of payment of fines.
In this case, often to the guilty person are imposed so high fines that their payment threatens the bankruptcy of the company and the owner of the business. This entails the filing of numerous lawsuits challenging the decisions of the Federal Antimonopoly Service.
Such cases are subordinate to the arbitration court. Article 52 of the Federal Law on July 26, 2006 No. 135-FZ "On Protection of Competition" stipulates that a decision and / or an antimonopoly prescription may be submitted to the arbitration court within three months from the date of the decision or issuance of an order in the established law order.
The application for contesting the decision and / or prescription of the FAS must meet the requirements set forth in Article 125 of the Arbitration Procedure Code of the Russian Federation (APC RF).
In the application must also be indicated:
- the name of the person or persons who accepted the decision, took the contested injunction;
- naming, number, date of adoption of a decisive decision, order;
- rights and interests in respect of which, in the opinion of the submitter, the arguments and arguments of the applicant are affected by the decision and / or the prescription issued;
- laws and other normative good acts, which, in the opinion of the submitter, do not correspond to the resolved decision and / or prescription;
- the applicant's requirement that the decision and / or the prescription be invalidated.
- analysis of prospects for applying to the court and formation of a legal position, as well as identification of risks and possible adverse consequences;
- offer options to resolve the disputed situation;
- preparation of documents for applying to the court (applications, petitions, lawsuits, reviews, appeals, cassation, supervisory complaints);
- representation of interests in court at any stage of the proceedings;
- representation of interests in proceedings in cases of administrative offenses;
- participation in enforcement proceedings.
Documents are submitted to the application, indicated in Article 126 of the APC RF, as well as the text of the deconstructed decision and / or prescription.
Failure to comply with the requirements for registration of an application entails leaving the court without review.
If the application is made in accordance with the requirements of the law, the arbitration court must consider it within three months from the date of receipt. In this case, the court will take into account the positions and arguments of the parties, as well as the documents confirming their arguments. Based on the results of the examination, the court can revoke the decision of the antimonopoly body entirely or in part or refuse to satisfy the claims. If a negative decision is made by the arbitration court, it can also be appealed in higher instances.
A competent argument in preparing documents for going to court and successfully challenging the decision and / or prescription of the FAS in an arbitration court largely depends on the quality assistance of qualified lawyers, which will increase the chances of saving businesses from irreparable financial losses. The specialists of the BRACE Law Firm have extensive practical experience in participating in litigation on antimonopoly disputes and are ready to provide effective protection of your interests in court.
The BRACE Law Firm renders the following services:
- Consulting on the application of antimonopoly legislation
- Representation of interests in cases in the antimonopoly authority
- Elaboration of trade policies and other documents
- Legal support for the application of legislation on trading activities
- Legal support of inspections of antimonopoly bodies
- Legal support of the coordination of transactions with the antimonopoly authority