ANDREY TENISHEV: WE ACHIEVED STABLE CARTEL ENFORCEMENET
In 2018, Courts reversed 4.3% FAS decisions against 25% in 2011
Practice of proving cartels, the most important cases and new FAS explanations on applying cartel exceptions were discussed at the session on “Concluding prohibited anticompetitive agreements” during the Round Table on the “Pressing issues of enforcement in the antimonopoly and tariff regulation”.
Head of FAS Anti-cartel Department Andrey Tenishev emphasized: “Today we have achieved stableenforcement, established in the past ten years. In 2011, more than 90% of all decisions of the antimonopoly body on cartel cases were appealed at Courts, 25% of which were reversed. In 2018, only 4.3% were reversed. Our practice is improving, the subject, methods of proof and evidence are determined, that must be relevant and eligible. Any standards of proof are off the table unless the enforcer and Courts are deprived of the right to evaluate evidence constructively, which implies undermining the foundations of the evidence theory”.
The Round Table on the “Pressing issues of enforcement in the antimonopoly and tariff regulation” is organized by the Antimonopoly Experts Association and FAS during St Petersburg International Legal Forum–2019. Representatives of the antimonopoly authority, the Supreme Court and legal practitioners took part in the event.