PRIVATE ENFORCEMENT DISCUSSED IN COLUMBIA

According to Lesya Davydova, the experience of foreign jurisdictions in this area will help develop the national law in line with the best international practices

The Annual Conference of the International Competition Network (ICN) in Cartagena (Columbia) included a Round Table on private enforcement against cartels. Head of FAS Department for International Economic Cooperation Lesya Davydovatook part in the discussion. The event was moderated by Head of Belgium’s Competition Authority, Jacques Steenbergen.

At the outset, Lesya Davydova pointed out that countering cartels is a priority for FAS. Cartels as the most serious anticompetitive violations should be suppressed at the level of public as well as private enforcement.

Head of FAS Department for International Economic Cooperation stated that Russian competition law formalizes a possibility for persons to approach Courts in order to recover damages from cartel members; however, a broad private anti-cartel enforcement practice has not been established yet. FAS constantly puts efforts to improve the antimonopoly law, particularly, on private enforcement and actively engages practicing competition experts.

Then Lesya Davydova gave a detailed description of the procedure for filing private claims in the Russian Federation and the role of the antimonopoly body in it. The speaker informed that in 2017 FAS Presidium had passed the Explanations on proving and estimating damages caused by violations of the antimonopoly law. In 2017 FAS, jointly with practicing competition experts also drafted the Guidelines on determining the amount of damages caused by violating the antimonopoly law.

Finally, the participants discussed relationship between private claims and leniency programmes.

“In Russia, unfortunately, a practice of recovering damages from cartel participants has not been established yet. Therefore, it is essential for learn the experience of foreign jurisdictions in this aspect so that we can develop the national law in line with the best international practices”, commented Lesya Davydova.