Artem Molchanov: in 2016 60 complaints against acts issued by regional antimonopoly bodies went through in-house appeal

Breached enforcement uniformity of the Federal Law “On Protection of Competition” is the only grounds for reviewing a decision of a regional FAS Office

Head of FAS Legal Department, Artem Molchanov, discussed in-house appeal performance at the Antimonopoly Forum of “Corporate Counsel Association” Non-Profit Partnership. The main function of in-house appeal is establishing unified enforcement of the Federal Law “On Protection of Competition”.

"Let me highlight the main factors for establishing this mechanism. First, it is multi-tasking under the frame of antimonopoly investigation. Second, a dynamic development of the competition law in the Russian Federation. Four packages of amendments were adopted in the past ten years. The latest changes introduced with the "forth antimonopoly package" liberalized the Federal Law “On Protection of Competition” and reduced administrative burden upon business”, stated Artem Molchanov. “Third, the increased significance of economic analysis in antimonopoly investigations".

FAS representative described a detailed scheme of in-house appeal to the legal community. He analyzed the most high-profile cases considered by in-house appeal as well as the established judicial practice.

"Another mechanism facilitating unified enforcement practice is explanations by FAS Presidium. In 2016, seven such explanations were approved.  Examining antimonopoly cases, Courts emphasize them to the regional bodies as the guidelines to be followed up exercising their powers ", pointed out Artem Molchanov.

He added that soon the Presidium of the antimonopoly authority will consider joint explanations issued by FAS and the Corporate Counsel Association.