Regulatory Authority of the FAS and Grounds for Antitrust Oversight

The antimonopoly authority is empowered to enact regulatory legal acts and exercise comprehensive oversight and supervisory control over compliance with competition law across commodity markets, financial services markets, the commercial operations of natural monopolies, and advertising regulations.

Antitrust Liability: Commercial Risks and Consequences

Violations of antitrust legislation may result in substantial administrative fines imposed on commercial entities. In many instances, the financial penalties levied against an enterprise are so severe that they jeopardize the solvency of both the company and its ultimate beneficiaries. Consequently, this often necessitates court proceedings aimed at challenging the decisions and regulatory rulings of the Federal Antimonopoly Service (FAS).

Such disputes fall within the subject-matter jurisdiction of state commercial (arbitrazh) courts.

Challenging FAS Decisions and Injunctions in Commercial Courts

Pursuant to Article 52 of Federal Law No. 135-FZ of July 26, 2006, "On Protection of Competition," a decision and/or binding order (injunction) issued by the antimonopoly authority may be appealed to a commercial court within three months from the date of its issuance in accordance with the established statutory procedure.

An application challenging an FAS decision and/or order must satisfy the procedural requirements set forth in Article 125 of the Commercial Procedure Code of the Russian Federation.

Drafting an Application to Challenge an FAS Decision: Statutory Requirements and Procedure

The formal application must specifically state:

1. The official designation of the regulatory agency or official that rendered the challenged decision or issued the contested order;
2. The title, registration number, and date of adoption of the contested decision or order;
3. The specific rights and legitimate commercial interests alleged by the applicant to have been infringed, supported by substantive legal arguments and factual evidence;
4. The statutory provisions and regulatory legal acts with which the challenged decision and/or order fails to conform;
5. The applicant’s formal prayer for relief seeking to invalidate the decision and/or order.

The application must be accompanied by the supporting documents specified in Article 126 of the Commercial Procedure Code of the Russian Federation, together with the certified text of the contested decision and/or order.

Failure to comply with these statutory drafting and filing requirements will result in the court leaving the application without consideration or dismissing it without prejudice.

If the application complies fully with all statutory requirements, the commercial court is mandated to adjudicate the dispute within three months of filing. Throughout the proceedings, the court examines the legal positions, oral arguments, and supporting evidentiary records submitted by both parties. Upon concluding its judicial review, the court may set aside the antimonopoly authority’s decision in whole or in part, or dismiss the claims. In the event of an adverse judgment, the commercial court ruling may be appealed to higher appellate, cassation, and supervisory courts.

Legal Representation in Antitrust Litigation Against the FAS

Formulating persuasive legal arguments during case preparation and successfully overturning an FAS decision or order in commercial court heavily depends on sophisticated legal counsel, which significantly increases the likelihood of shielding a business from irreversible financial losses. The attorneys at BRACE Law Firm possess extensive trial experience in antitrust litigation and are prepared to provide robust legal defense for your commercial interests in court.

Antitrust Litigation Services: Legal Representation

BRACE Law Firm provides the following comprehensive legal services:

1. Assessing litigation merits, formulating defense strategies, and identifying exposure to regulatory sanctions;
2. Structuring optimal dispute resolution roadmaps tailored to the commercial objectives of the enterprise;
3. Drafting procedural court filings, including claims, substantive briefs, motions, and appellate, cassation, and supervisory appeals;
4. Representing corporate interests across all stages of commercial court proceedings;
5. Defending clients in administrative offense and enforcement proceedings initiated by antimonopoly authorities;
6. Navigating post-judgment enforcement proceedings to secure full execution of judicial relief.