Representation of interests in cases in the antimonopoly authority

Representation of interests in cases in the antimonopoly authority

Antimonopoly disputes are considered in the FAS Russia and are aimed at regulating legal relations and observance of the rules set forth in the relevant legislative acts and determining the order of the relationship between business and citizens on the one hand and state authorities on the other in the following areas and spheres:

  • advertising;
  • tariff regulation;
  • competition;
  • when conducting trades;
  • when taking a dominant position in the market;
  • upon receipt of the relevant consent for a major transaction (conclusion of a contract);
  • in other areas of business.

The limits of antitrust control are contained in federal laws on the protection of competition, on advertising, on the electric power industry, on the contract system in the procurement of goods (works, services) and other regulatory legal acts.

The Antimonopoly Service, as an administrative body, acting within the framework of the established regulations, takes measures to identify and prevent violations of the antimonopoly legislation, and in the event of a dispute, take an appropriate decision on whether there are no acts of guilt that fall under the antimonopoly violation.

The cases considered by the FAS go through several stages:

  • identification of an appropriate violation of the law;
  • filing a case;
  • consideration of the case in accordance with the procedure established by law;
  • decision-making.

The procedure for initiating and reviewing cases of violation of the antimonopoly legislation is regulated by Chapter 9 of Federal Law No. 135-FZ of July 26, 2006 "On Protection of Competition", as well as Administrative Regulations approved by Order of the Federal Antimonopoly Service No. 339 of 25.05.2012.

The grounds for initiating and reviewing by the antimonopoly authority of a case of violation of the antimonopoly legislation can serve as:

  • receipt from the state bodies, local self-government bodies of materials indicating the presence of signs of violation of the antimonopoly legislation;
  • an application by a legal or natural person indicating signs of violation of the antimonopoly legislation;
  • detection by the antimonopoly body itself of signs of violation of the antimonopoly legislation;
  • a message in the media indicating that there are signs of violation of the antimonopoly legislation;
  • the result of the audit, which revealed signs of violation of the antimonopoly legislation by commercial organizations, non-commercial organizations, federal executive bodies, state authorities of the subjects of the Russian Federation, local self-government bodies, other bodies or organizations performing functions of the said bodies or state off-budget funds.

For consideration of each case on violation of antimonopoly legislation, the antimonopoly authority creates a commission consisting of at least three employees; the head of the commission may be the head of the FAS, his deputy or the head of the structural subdivision of the FAS.

An application to initiate a case is submitted in writing to the antimonopoly authority and must contain the following information:

  • information about the applicant;
  • information about the person, about whom the application was submitted, known to the applicant;
  • description of the violation of the antimonopoly legislation;
  • description of the applicant's requirements;
  • list of attached documents.

The application shall be accompanied by documents showing signs of violation of the antimonopoly legislation, and if they cannot be submitted, the applicant shall indicate the reason, as well as the prospective person or authority from whom these documents can be obtained.

The period for consideration of the application is one month from the day it was submitted to the antimonopoly authority. If the evidence allowing the antimonopoly authority to take a decision is not sufficient or not, the time for consideration is extended, but not more than two months.

The outcome of the case is the establishment of facts demonstrating the violation of the antimonopoly legislation, identifying the objective and subjective side of the violation, as well as bringing the person found guilty to administrative responsibility and / or issuing a prescription to eliminate the violations found.

Often both the party that enters the complaint as the complainant and the party against whom the complaint, is lodged require the help of highly qualified lawyers who not only prepare a complaint and objections to it, but also can fully ensure the legal side of the process of interaction with the antimonopoly authority.

The specialists of the BRACE Law Firm have practical experience in protecting the interests of clients when considering cases by antimonopoly authorities.

Legal services

We offer the following services:

  1. analysis of the prospects for appealing against decisions and orders of the FAS, as well as risks and possible adverse consequences;
  2. offer options for resolving a disputable situation;
  3. preparation of a complaint to the FAS Russia and its territorial bodies and a package of documents substantiating it;
  4. representation of interests in the antimonopoly authority.

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