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Home page > Antimonopoly practice > Representation of interests in FAS

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.

QUESTION-ANSWER

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

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?

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?

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?

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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