Artem Molchanov: changes to the antimonopoly law form a new judicial practice

Head of FAS Legal Department discussed the events that will change FAS judicial practice

Artem Molchanov informed participants of the conference of The Moscow Times: "Топ-10 civil disputes: the past and present practices", that with adopting the “forth antimonopoly package” and the “anti-crisis law” many barriers for business community were eliminated.

The new version of the Law “On Protection of Competition” allowed us to reduce the number of cases, thus reducing the burden upon courts. A lot of disputes are now at the stage of administrative proceedings, applying Article 9.21 of the Code on Administrative Violations.

The Head of FAS Department also touched the theme of explanations by FAS Presidium. “They become a continuation of regulatory development. Such documents help Central FAS Office to form unified practice in the regions of the Russian Federation. In 2016 FAS Presidium drafted 7 explanations. It is essential to point out that such documents underwent broad public consultations with the business community, particularly with such organizations as the Association of Antimonopoly Experts and Russian Corporate Counsel Association”, said Artem Molchanov.

Another important event of the year, according to FAS representative, was reviewing judicial practice of the Supreme Court of the Russian Federation on applying the Federal Law “On Protection of Competition”. “It reflected the key aspects for antimonopoly regulation. It is, in fact, the first essential document after 2008 on generalizing the practice issued by the supreme judicial instance”.

Then he presented several judicial cases of FAS and its regional bodies. (More details in the most important cases were given in the reviews of judicial practices for September and October).

Ending the conference, Artem Molchanov answered numerous questions from the attendees.