OECD DISCUSSED RUSSIAN EXPERIENCE OF APPEALING DECISIONS OF THE ANTIMONOPOLY REGULATOR
On 4 June 2019, a FAS delegation took part in the Round Table on the judicial procedures organized by No.3 Working Group on Cooperation and Enforcement of the Competition Committee of the Organization for Economic Cooperation and Development (OECD). The Round Table was chaired by Makan Delrahim, Assistant Attorney General (overseeing the Antitrust Division), US Department of Justice.
The participants discussed the specifics of reviewing decisions of the antimonopoly bodies by Courts and the methods providing judicial access to the expert knowledge in competition law and economy.
At the Round Table, FAS informed the colleagues about the procedures for appealing decision of the antimonopoly authority at Courts, particularly, when claims are filed by third parties whose economic interests were infringed.
FAS pointed out, in particular, that No. 135-FZ Federal Law “On Protection of Competition” allows any person to appeal FAS decisions.
Under Article 198 of the Arbitration Procedural Code of the Russian Federation, individuals, organizations and other persons can file a claim to Arbitration Court to invalidate decisions of the antimonopoly regulator if such decisions do not conform to the law or other regulations and infringe their rights and legitimate interests in entrepreneurial and other economic activities, unlawful impose any obligations upon them, create other obstacles for entrepreneurial or other economic activities. Claims can be filed to Arbitration Courts within three months after the date when an individual, an organization became aware of infringement of their rights and legitimate interests.
FAS also reviewed the issues of compensating damages to third parties if the antimonopoly regulator made a decision on recognizing the fact of violating the antimonopoly law and third parties fully agree with the regulator.
FAS explained that in such cases decisions of the antimonopoly body plays the key role in proving the fact of violating the antimonopoly law and reinforces the claimant’s legal standpoint.
Then FAS stated that thousands of such violations are exposed annually, and nearly each infringes economic interests. Damage claims, however, reach dozens at best, which is related to absence of sustainable practice of resolving such issues at Courts.
Understanding the problem, FAS shared with the colleagues that in 2017 the Antimonopoly Service and practicing experts on competition drafted the Guidelines for proving injuries and determining the amount of damages as a result of violating the antimonopoly law.
The US Federal Trade Commission and Belgium’s Competition Authority underlined that private enforcement is of particular importance, especially for young jurisdictions. It is a positive fact that in Russia third-party appeals, particularly, filed by competitors and consumers, are taken most seriously.
Deputy Head of FAS Andrey Tsyganov summarized: “The discussion seems to be extremely useful since efficient judicial control adds to in-house procedures that antimonopoly regulators use to ensure due legal procedures, and helps ensure the supremacy of the law, and guarantee coherent and integrity of antimonopoly enforcement”.