THE SUPREME COURT SUPPORTED THE POSITION OF THE FAS RUSSIA ON THE STATUTE OF LIMITATIONS FOR FAILURE TO COMPLY WITH THE REGULATIONS OF THE SERVICE

06-10-2021 | 12:54

The time limit  is one year

On October 6, 2021, the Supreme Court of the Russian Federation upheld the complaint of the FAS Russia against judicial acts that declared illegal the decision of the antimonopoly authority to bring T2 Mobile LLC to administrative responsibility for non-compliance with the instructions of the authority.

Earlier, the FAS Russia admitted that T2 Mobile had set monopolistically high prices for its services and issued an order to bring tariffs to the level before the increase. More information could be found here.

The company appealed this decision in court, arguing that the statute of limitations in cases of bringing to administrative responsibility for non-compliance with the order to eliminate violations of antimonopoly legislation is two months. However, the Moscow Arbitration Court took the side of the FAS Russia and indicated that the statute of limitations for bringing to administrative responsibility in these cases is one year.

The courts of appeal and cassation instances supported the company's position and lifted the decision of the FAS Russia.

The Supreme Court of the Russian Federation upheld the decision of the Moscow Arbitration Court and thereby confirmed the position of the FAS Russia on the one-year limitation period for bringing to responsibility for non-compliance with the instructions of the antimonopoly authority.



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