Definition on bringing a company as a respondent to a case cannot be subject of a separate appeal

Moscow Arbitration Court terminated the proceedings on invalidating a definition issued by the Federal Antimonopoly Service to bring a company as a respondent to a case.

Earlier FAS opened an antimonopoly case against supplies if uniform for the state needs upon elements of bid-rigging. 109 economic entities – bidders at open auctions for supplying garments for state needs were brought in as respondents. The total contract sum concluded with signs of violating the antimonopoly law exceeds 3 billion RUB.

On 10 May 2016, one of the respondents to the case – “Parizhskaya Kommuna” Vyshny Volochek Factory” Ltd. Filed a lawsuit to Moscow Arbitration Court to invalidate FAS definition on bring in the company as a respondent.

On 14 June 2016, Moscow Arbitration Court held a preliminary hearing and terminated the proceedings. The Court concluded that procedural documents of the antimonopoly body (orders, definitions, etc.) adopted under the frame of the case proceedings, cannot be challenged since such acts do not have any adverse consequences. The facts of violating the antimonopoly law and a particular violator are not ascertained at the stage of case proceedings, and binding determinations are not issues.

Found that the “a challenged act of the antimonopoly body as well as other procedural acts cannot be a subject of a separate appeal being a procedural document”.