FAS explained the procedure for determining the size of losses incurred through violating the antimonopoly law
It will help victims of antimonopoly violations protect their rights, particularly, by filing lawsuits, which will become an additional mechanism of restoring consumer property rights
The Antimonopoly Service drafted an explanation on the size of the losses incurred as a result of breaching the antimonopoly law. It summarized the current methods of calculating losses in Russian as well as foreign enforcement practices on the antimonopoly disputes.
The explanation is important for evaluating the size of losses in antimonopoly investigations and administrative cases on antimonopoly Clauses. It is also aimed to help determine the positions of FAS regional bodies involved in judicial proceedings on recovering losses caused by violations of the antimonopoly law.
FAS Presidion approved the document.
Head of FAS Igor Artemiev pointed out: “Currently there are practically no claims to recover losses caused by antimonopoly violations, primarily because the mechanism of calculating losses is extremely uncertain. At the same time, the size of losses to be recovered can be even higher than the fines paid by monopolists and cartel members for breaching the antimonopoly law. We expect that explanation on possible methods and techniques of loss calculation will help the victims of antimonopoly violations to protect their rights, particularly, by filing lawsuits, which will become an additional mechanism of restoring consumer property rights”.