The Supreme Court of the Russian Federation confirmed that the dispute between “Google” and FAS should be considered by Arbitration Courts

On 1 December 2016, Cassation Court ruled to transfer the case of the Antimonopoly Service against “Google” to the Court on Intellectual Rights

The Court drew on the need to classify Google agreements ad licensing agreements or as agreements of goods supply and distribution.

FAS appealed the ruling since the decision and determination of the antimonopoly body had been based upon the fact of “Google” violating the Federal Law “On Protection of Competition” (Part 1 Article 10). FAS did not touch “Google” exclusive rights for intellectual property. The subject mater of the case was promoting by Google applications and services by the company using its market power and dominance with regard to Google Play apps store.

On 21 December 2016, the Arbitration Court of the Moscow District considered a FAS claim and confirmed the rightness of the conclusions reached by the Antimonopoly Service.

“Google” appealed the judgment to the Supreme Court of the Russian Federation that confirmed that the case is subject to consideration by Arbitration Courts. The next hearing at Cassation Court will be on 28 February 2017.