COURT UPHELD DECISIONS AND ORDERS OF FAS IN RELATION TO SELF-REGULATORY ORGANIZATIONS OF ARBITRATION MANAGERS

The Union of Arbitration Managers Sozidanie and The Siberian Center of Arbitration Managers restricted competition by illegally coordinating economic activities

Earlier, the FAS Russia recognized self-regulatory organizations (SROs) as violating antimonopoly legislation*. The documents of the organizations contained norms according to which only accredited auction organizers, operators of electronic platforms and other persons are involved in the sale of property. This excluded the possibility of attracting bona fide persons accredited in other SROs to the auction.

Based on the results of the consideration of the cases, the FAS Russia issued orders to Sozidanie and The Siberian Center for Arbitration Managers to stop the illegal coordination of economic activities. The organizations were required to exclude the relevant provisions from their local acts.

The SRO of arbitration managers appealed the decisions and orders of the FAS Russia in court, however, the Moscow City Arbitration Court upheld the position of the FAS Russia, recognizing it as justified.

* Part 5 of Article 11 of the Federal Law of July 26, 2006, No. 135-FZ “On Protection of Competition”