ANDREY TSYGANOV PRESENTED JUDICIAL PRACTICE ON ANTIMONOPOLY CASES IN RUSSIA TO OECD
Merits and disadvantages of competition tribunals were discussed at an international platform
On 7 December 2017 the plenary session of OECD Global Competition Forum focused on applying the norms of the competition law by Courts. One of the main discussion lines, along with evidence standards, use of the findings of economic analysis in the judicial process, interaction between competition authorities and the judicial community, became discussions of shortcomings and benefits of specialized competition Courts (Tribunals). Evaluating such a variant of the institutional design of competition bodies, Deputy Head of FAS Andrey Tsyganov gave several arguments in favour of the current system of applying the norms of the antimonopoly law by Courts in Russia.
In his opinion, the established system of considering antimonopoly cases by Courts is customary and clear for all parties to the process: judges, the antimonopoly bodies, practicing lawyers, economic entities. FAS makes a lot of decisions on violating the Federal Law “On Protection of Competition”, a significant part of which is appealed at Courts. Thus, in 25 years a colossal experience of judicial application of the antimonopoly law is accumulated. Many judges have extended professional experience and the necessary special knowledge practical application of the competition law. The Supreme Court of the Russian Federation independently issues rulings on the cases related to violations of the Federal Law “On Protection of Competition” and publishes reviews on applying the antimonopoly law by Courts, which is extremely important for establishing sustainable enforcement practice.
In its turn, FAS gives explanations on a regular basis on the most important aspects of the antimonopoly law and enforcement that reflect a particular position of the regulator and can be used in judicial processes.
Andrey Tsyganov gave statistical data on Court appeals against decisions and determinations issued by FAS and its regional offices on antimonopoly cases. “In 2016 around 3000 FAS decisions and injunctions as well as more than 700,000 fines imposed by FAS were appealed. If a specialized Court would do this work, I cannot imagine how many judges and other staff would be required to consider so many cases, what would be the costs of the state to keep them and for how long one would have to stay in line awaiting justice, said Andrey Tsyganov.
He emphasized that today a significant portion of the antimonopoly cases are made at a local or regional levels and cases are finalized within reasonable time intervals. Concentrating all this workload in a single Court instance will increase the costs of the parties to judicial processes significantly and can restrict the rights for protecting one’s interests.
Global Competition Forum of the Organization for Economic Cooperation and Development (OECD) – a very important annual event organized by OECD Competition Committee – took place in Paris on 7-8 December 2017. It was attended by more than 100 delegations of competition authorities from OECD member-states as well as countries outside OECD.