Alevtina Timoshenko: we should use Court findings in our work practice

An assistant to the Head of FAS highlighted judicial practice on the most complex cases investigated by the regional offices of the Antimonopoly Service

Discussing the pressing issues of antimonopoly enforcement, Alevtina Timoshenko pointed out that soon it will be possible to offer the Court a standard of proof in cartel cases that will ease proving in this complex category of cases.

The assistant to the Head of FASunderlined new accents in judicial practice regarding execution of injunctions issued by the antimonopoly bodies to the authorities to undertake measures and return to the treasury the unlawfully transferred property in use by third parties.         

She drew attention of the Heads of FAS regional bodies to a new approach of Courts in evaluating declaration of tenders invalid, contracts signed upon tender outcome and enforcement of implications of an invalidated transaction, as well as the range of persons involved in the case and their status using an example of a particular case examined by the Supreme Court of the Russian Federation.  

Continuing discussion of high-profile Court cases, Alevtina Timoshenko emphasized, using an example of a case on a company that registered upon itself the “I want to know everything” verbal mark, a possibility to return to considering a case on violating the antimonopoly law, if it had been reversed exclusively due to OFAS Commission breaching the norms of the procedural law. “Court agreed with this approach and allowed to return to the proceedings of the decision had been reversed”, concluded an assistant to the Head of FAS.

Illustrating with particular cases, an assistant to the Head of FAS once again confirmed that the antimonopoly authority has powers to request confidential information for different organizations, including communications providers.