FAS REVIEWED THE PRACTICE OF CONSIDERING COMPLAINTS IN QUARTER IV 2019

Reviews are drafted quarterly by FAS Legal Department and the Antimonopoly Experts Association

The Federal Antimonopoly Service and the Antimonopoly Experts Association, with participation of the Institute of Competition Policy and Market Regulation, National Research University – Higher School of Economics, issued a new Review of the practice for considering complaints against FAS decisions and orders in cases on violating the Federal Law “On Protection of Competition” by Appeal Collegiums and FAS Presidiums in Q IV 2019.

The Review analyses 12 most interesting decisions made in this period under the in-house procedure (in effect since 2016) for reviewing decisions and orders issued by FAS regional Offices.

The Review highlights, in particular, some aspects related to proving anticompetitive agreements, abuse of dominance and unfair competition, describes the results of reviewing decisions and orders of FAS regional Offices, and gives comments from FAS Legal Department and external reviewers.

For example, considering a complaint, the Antimonopoly Collegoum changes the decision of an antimonopoly body in the part of qualifying the defendants’ actions on the case.

“Article 23 of the Federal Law “On Protection of Competition” specifies the powers for changing decisions made by FAS regional Offices. The case in question is an example of the practices for changing the offence qualification, but only when the evidence (proof) of the new qualification of the offence is fully ascertained, analyzed and described in the decision of the regional FAS Office”, pointed out Head of FAS Legal Department Artem Molchanov, commenting the decision of FAS Appeal Collegium on the complaint.

The Review Team:

Head of FAS Legal Department Artem Molchanov (Dr of Law) (also a Review editor);

Head of FAS Legal Department Maryana Matyashevskaya (also a Review editor);

Olegl Moskvitin, Deputy Director, the Institute of Competition Policy and Market Regulation, National Research University – Higher School of Economics, a member of the General Council of the Antimonopoly Experts Association, a Partner, Head of Antimonopoly and Tariff Practices at “Muranov, Chernyakov & Partners” Bar Association (also a Review editor);

Darya Ognevskaya, a member of the Antimonopoly Experts Association, Head of Antimonopoly Section, the Legal Department of “Nornickel Group” PJSC;

Ilya Belik, Head of Legal Department, “Petrochemical Transport Company” Ltd.;

Takhir Scherba, Head of Antimonopoly Practice at the Institute of Compliance;

Yulia Papikyan, a principal expert, the Institute of Competition Policy and Market Regulation, National Research University – Higher School of Economics;

Mikhail Shikhmuradov, a principal expert, the Institute of Competition Policy and Market Regulation, National Research University – Higher School of Economics, a post-graduate student at the FAS base Department, National Research University – Higher School of Economics.