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Home page > Antimonopoly practice

Law & Wise - your personal assistant in the field of antitrust law

Entrepreneurial activity disregarding the norms of antitrust law may entail serious consequences for a legal entity. Including imposed penalties equal to 15% of the company's annual income. Do you need an expert advice on antitrust laws? Law & Wise legal experts will provide you with competent legal assistance!

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How do Law & Wise experts solve client problems in the area of antitrust law?

Law & Wise lawyers specialize in providing legal services to clients who need qualified assistance in the area of the antitrust legislation of the Russian Federation. In case the supervisory authorities or unscrupulous competitors violate the interests and rights of a legal entity, our experts will take a number of measures to achieve a fair solution:

analyze the documents for their compliance with regulatory acts;
prepare documents for submission to FAS;
challenge the results of the illegally held auction;
appeal against FAS decisions in court and represent the interests of the client in the commercial court;
help avoid a mistake in a deal that if in contempt of law can lead to administrative liability, a fine, and etc.

QUESTION-ANSWER

In which court can you appeal against the decision of the FAS?

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The procedure for appealing the decisions of FAS is regulated by chapter 24 of the APC RF. The decision can be appealed to the commercial court, situated at the location of the supervisory authority. The deadline for the appeal is 3 months from the date of the FAS decision and improvement notice.

What laws govern purchasing relationships?

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There are 2 fundamental documents regulating the legal relations between the subjects of procurement activities:

- Federal Law of July 18, 2011 No. 223-FZ “On the Procurement of Goods, Works, Services by Certain Types of Legal Entities”;
- Federal Law of 05.04.2013 No. 44-ФЗ “On the Contract System of the Federal and Municipal Procurement of Goods, Works, and Services”.
In addition, there are many explanations of state bodies (FAS, Ministry of Economic Development, etc.), as well as current judicial practice and explanations of the highest courts on the enforcement of legislation on public procurement.

What laws govern purchasing relationships?

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The Federal Law No. 135-FZ of July 26, 2006 “On Protection of Competition” determines the basis for protection of rights. In addition, it is also possible to use instructive letters and explanations from FAS and current court practice.

How long will it take to review my application in OFAS?

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The antimonopoly authority handles applications within a 30-day period, after which it decides on whether to satisfy the complaint, extend the time for consideration or dismiss.

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