One of the important areas of practice of lawyers of BRACE Law Firm is the provision of legal representation services in antitrust cases. We face with various types of antitrust disputes at different stages of resolution, including pre-trial and trial. Our advantage is the extensive experience in case management in courts, specialized expertise and a well-coordinated team of lawyers.
Features associated with the antitrust disputes require an individual approach to each specific case and careful legal analysis.
Antitrust disputes include cases related to violation of antitrust laws, which are connected with prevention and suppression of monopolistic activity and unfair competition, and prevention, limitation and elimination of competition.
Features associated with specific violations of antitrust laws require individual approach to each specific case and careful legal analysis. A substantial part of antitrust disputes are cases contesting decisions and actions of antitrust authorities of the Federal Antimonopoly Service. In case of violations, the Federal Antimonopoly Service makes decisions, issues orders and warnings that affect important aspects of the economic activities of business entities that are responsible for violating antitrust laws. In addition, antitrust disputes arise directly between business entities in case of violation of competition or monopolistic activity by one of them.
Types of Antitrust Disputes
- Disputes related with invalidation of decisions and orders of antitrust authorities (FAS Russia and its territorial divisions)
- Public procurement disputes related with competition restrictions
- Disputes in the field of state defense order related with competition restriction
- Advertising disputes related with limited competition
- Disputes in the control of economic concentration
- Disputes and disagreements related with the establishment and (or) application of prices (tariffs) (standardized tariff rates, fees, surcharges) in the fields of electricity, heat supply, water supply and sanitation and in the field of activity of natural monopolies
- Cartel conspiracy disputes
- Disputes arising from unfair competition
- Disputes related with appealing 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 antitrust disputes
The consideration of disputes related with the application of antitrust laws has specificity related with the economic component of different aspects of compliance with antitrust requirements and experience and expertise of antitrust authorities in the investigation of antitrust cases.
Antitrust disputes, depending on the subject and content of the dispute, may be considered in an administrative or judicial procedure.
Administratively, antitrust disputes are subject to consideration by the central office of the FAS Russia or the territorial administrations of the FAS Russia of the relevant constituent entities of the Russian Federation. Appeal of decisions of the FAS is carried in a judicial proceeding or the order of subordination - to a higher antimonopoly body.
According to Article 52 of the Federal Law of July 26, 2006 No. 135 «On the Protection of Competition», a decision or order of the antimonopoly authority may be appealed within 3 months from the day the decision was made or the order was issued. If an application is filed to a court or arbitration court, the execution of the order of the antimonopoly authority is suspended until the court decision comes into force.
For most categories of antitrust disputes, there is no mandatory pre-trial settlement procedure. However, the claim or other pre-trial procedure for the settlement of a dispute is mandatory in cases stipulated by the contract or the law (part 5 of article 4 of the Arbitration Procedure Code of the Russian Federation, paragraph 7 of article 132 of the Code of Civil Procedure of the Russian Federation, part 3 of article 4 of the Code of administrative procedure
In court, antitrust disputes are subordinate to the arbitration court. Consideration of judicial antitrust disputes is carried out with the rules of the Arbitration Procedure Code of the Russian Federation, taking into account the procedural features of the type of proceedings.
Such control applies not only to these areas but also many other areas of entrepreneurial activity.
- Legal analysis of documents and other evidence submitted by a client regarding the antitrust disputes
- Advising by lawyers of BRACE Law Firm on the prospects for trial and/or pre-trial settlement of a dispute
- Drafting and submission of a pre-trial claim (if a mandatory pre-trial procedure is provided or the submission of a pre-trial claim is necessary for other reasons)
- Development of a strategy and tactics for protecting a client in a court
- Collection, preparation and retrieval of evidence for a court case
- Preparation and filing of a statement of claim (application) and other procedural documents on a judicial dispute
- Representation of interests, case management in court by lawyers of BRACE Law Firm and performing all other necessary procedural actions
- Coordination in several parallel cases
- Legal assistance in administrative cases
- Preparation and support of the conclusion of settlement agreements concluded at various stages of the trial
- Appeal of judicial acts in courts of appeal, cassation and supervisory court
- Legal support of enforcement proceedings
- Other legal assistance in court cases on antitrust disputes