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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.
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How can you avoid violations of antitrust laws in business?

Many entrepreneurs in an attempt to multiply their own profits and improve their position in the market may indirectly affect the rights of competitors - representatives of small and medium-sized businesses. As a result, there are numerous FAS checks. Do you want to avoid administrative liability or challenge the FAS decision? The Law & Wise experts will help solve all existing problems. For this, we will:

Analyze your company’s activities for illegal actions / omissions

Identify possible violations of the Russian legislation requirements and develop a strategy to eliminate them.

Advise on the main regulatory acts of antitrust regulation, if necessary.

Judical practices and cases

Lawyers from the legal bureau sought in court the cancellation of the FAS decision on the inclusion of the state contractor in the unscrupulous suppliers register. The court agreed with the arguments of the applicant representative about the lack of fraudulent actions of the latter and the inadmissibility of a formal approach on the part of FAS in making the appropriate decision.

24 February 2016

Recovery of a debt in the amount of 77,253.40 rubles and a penalty in the amount of 5,000 rubles under a state contract for the performance of contract work.

Lawyers of the legal bureau collected from the unscrupulous customer in court the amount of the debt for the work performed by the contractor under a government contract, as well as the penalty for late performance of obligations.

3 June 2016

QUESTION-ANSWER

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

See the answer

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?

See the answer

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?

See the answer

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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Law & Wise - comprehensive protection of the entrepreneurs’ interests!

The Law & Wise lawyers offer their clients antitrust regulation services keeping up their company's reputation in a competitive market. Thanks to strong legal protection, our clients can:

Settle the dispute with FAS out of court, thus avoiding a lengthy trial

Challenge the results of the auction held in disregard of the antitrust laws requirements and win the auction

Stop unscrupulous actions of competitors or control authorities

Avoid penalties expenses

Challenge the customer’s actions in FAS / OFAS
Preliminary audit of documents
 
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Our experts

Ilya Kirillov
Executive Partner
Denis Dubovik
Executive Partner
Ivan Kolsanov
Associate Partner, Insolvency Officer
Georgy Simonyan
Associate Partner, IMEX Expert, PhD in Law
Damir Nigmatulin
Senior Lawyer
Zhuravleva Olga
Senior Lawyer
Aliev Elman
Lawyer
Law & Wise legal services in Moscow info@lwise.pro 2 Entuziastov Boulevard,
BC Golden Gate, 24th floor
Mo-Fr from 10 a.m. to 7 p.m.