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Home page > Antitrust law > Appeal against FAS /OFAS decisions

Law & Wise - a reliable assistant in appealing against FAS decisions

Has your company received a decision related to the antitrust laws violation? Do you consider it illegal and want to challenge the actions of FAS /OFAS? Law & Wise experts will protect your rights and interests and help repair your company’s damage! Do you need help in appealing a FAS decision to a higher authority? Take opinion free of charge right now!

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Law & Wise - competent assistance to businessmen in disputes with FAS

It is possible to appeal against the decision of FAS / OFAS by filing a lawsuit to court. As practice shows, legal proceedings are a painstaking, lengthy and time-consuming work, so in most cases, entrepreneurs need qualified assistance from a lawyer who will file an appeal against the FAS decision and represent the client’s interests in court.

Law & Wise experts specialize in antitrust law, successfully solving the problems of small and medium sized businesses. In order to reach a positive decision on appealing against the FAS / FAS decision, our lawyers:

  • thoroughly study the FAS decision to include your company in the "blacklist";
  • analyze the circumstances of the case, highlighting the mitigating circumstances;
  • gather the necessary documentation, attaching it as evidence of the incompetence of FAS decision;
  • make a request / claim to appeal the decision to court;
  • protect the client’s interests in court;
  • in case of a negative decision of the commercial court, appeal against it to a higher court instance.
Find out the prospects of winning

What should one notice when appealing against a FAS decision?

Russian legislation envisages a specific deadline - 3 months within which you can appeal the decision of FAS / OFAS. The countdown starts from the day when the anti-monopoly authority made its decision. However, what if one failed to observe the time interval? Seek assistance from Law & Wise lawyers.

Our bureau experts who specialize in antitrust law will provide expert assistance in this difficult situation. Our lawyers will:

Collect the necessary documents that will contain substantiated evidence about a reasonable excuse for not meeting the deadlines for appealing FAS /OFAS decision.

Make a petition for restoration of the term for filing a suit to the commercial court.

Send an appeal against the FAS decision and a petition to court.

Judical practices and cases

Antitrust dispute

The FAS Commission recognized the complaint of lawyers from the legal bureau on the actions (inaction) of the customer, the electronic platform operator well pleaded. The reason for the complaint was a violation of the rights and legitimate interests of the procurement participant. It was not possible to participate in the auction because of the electronic platform failure.

11 December 2015

Case details
Antitrust dispute

The FAS Commission recognized the complaint of lawyers from the Law & Wise law bureau on the actions (inaction) of the customer well pleaded. The reason for the complaint was the unjustified refusal of the customer to admit the procurement participant to participate in the electronic auction.

29 January 2016

Case details
Antitrust dispute

The FAS Commission recognized the complaint of the legal bureau lawyers about actions (inaction) of the customer well pleaded. The reason for the complaint was the unjustified refusal of the customer to admit the tenderer to participate in the electronic auction.

24 May 2016

Case details
Antitrust dispute

Lawyers of the legal bureau convinced the FAS commission that there was no need to include a procurement participant in the register of unscrupulous suppliers because the fact of the latter’s evasion from concluding a state contract was not confirmed. Reason - the procurement participant did not have the opportunity to sign a state contract because of the EDS key failure.

14 April 2016

Case details
QUESTION-ANSWER

What is the time period for the appeal against the FAS decision on the violation of competition?

See the answer

According to Art. 52 of the Federal Law “On Protection of Competition” No. 135-FZ dated July 26, 2006, a legal entity is entitled to appeal the decision or order of the antimonopoly body to the commercial court or to the FAS collegial body within 3 months. The term is calculated from the moment the decision is made or FAS order is issued.

Why did OFAS refuse to accept the complaint?

See the answer

There are two reasons for a substantiated refusal: you applied to the court on this issue or you applied to antimonopoly authorities. If you are not satisfied with the decision, the law provides the right to appeal against it within three months to the commercial court.

The customer does not place the procurement plan, what sanctions will follow?

See the answer

The responsibility of the customer arises in cases of untimely or even lack of information about the planned procurement. The companies will face fines ranging from 100 to 300 thousand rubles and officials from 30 to 50 thousand rubles for unpublished information in the Unified Information System (UIS).

How can you remove your company from the register of unscrupulous suppliers?

See the answer

A company that FAS have included in the register of unscrupulous suppliers is entitled to appeal against the decision of FAS to the commercial court. The deadline for appealing such decisions is 3 months from the day FAS adopted the decision. Appeal against the decision of FAS depends on the location of the OFAS or FAS. For example, if it was OFAS in Moscow that adopted the disputed decision, then you need to appeal the decision to the Moscow Arbitrazh Court.

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Law & Wise: Why choose us as your partner?

The lawyers of our bureau are narrow-focused experts who have repeatedly helped clients appeal against FAS decision in FAS and in the commercial court. Customers who are going to conclude a service contract with Law & Wise will receive:

Legal protection of interests at any stage of appeal against the decision of FAS in court

Free legal advice, a comprehensive analysis of the documentation and a forecast of the trial outcome, if you need to appeal against FAS decision

Assistance in the preparation of official documentation and in the collection of evidence of the antitrust authorities misconduct

Individual approach to business, since no case is typical, but has its own characteristics

Fair bills for services rendered, which will reduce the legal entity’s expenses

Appealing against the OFAS decision in FAS Russia is a very difficult, painstaking work one should entrust only to specialists. We comply with the deadline and the procedure for appealing against the FAS decision, which guarantees the appeal hearing in higher authorities.

Preliminary audit of documents
 
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Our experts

Ilya Kirillov
Ilya Kirillov
Executive Partner
Denis Dubovik
Denis Dubovik
Executive Partner
Ivan Kolsanov
Ivan Kolsanov
Associate Partner, Insolvency Officer
Georgy Simonyan
Georgy Simonyan
Associate Partner, IMEX Expert, PhD in Law
Damir Nigmatulin
Damir Nigmatulin
Senior Lawyer
Zhuravleva Olga
Zhuravleva Olga
Senior Lawyer
Tokarskaya Daria
Tokarskaya Daria
Assistant Manager
Aliev Elman
Aliev Elman
Lawyer
Law & Wise legal services in Moscow +7 (495) 7-222-800 info@lwise.pro 2 Entuziastov Boulevard,
BC Golden Gate, 24th floor
Mo-Fr from 10 a.m. to 7 p.m.