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Law & Wise - Say No to Unfair Competition!

 

Do you have your constitutional rights violated? Market participants are united in a cartel and do not allow to participate in public procurement? Law & Wise team will provide competent assistance in the conflict with unscrupulous competitors!

 

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Is it possible to prevent anti-competitive actions of market participants?

Without doubt. However, one cannot do without the highly qualified assistance of a lawyer. Law & Wise experts specialize in working with legal entities, in the field of competition protection in particular. In our activities, we rely on the current legislation of the Russian Federation, especially on the Federal Law "On Protection of Competition" dated July 26, 2006 No. 135-FZ, which regulates legal relations in the field of protecting fair competition and suppressing anti-competitive actions.

To achieve the goals set by Law & Wise customers, our experts apply the full range of possible measures to protect competition. We emphasize that each specific case requires a personalized approach to resolving the dispute, since typical situations are nonexistent here.

There are 2 possible ways of protection against unfair competition:

  • Appeal to the Federal Antimonopoly Service with a complaint of unfair competition. Lawyers from Law & Wise will help you file a competent and well-argued complaint with FAS, which will significantly increase the chances of a legal pre-trial conflict resolution. Lawyers will represent your company’s interests at a meeting of the antimonopoly commission to achieve the goal.
  • Appeal to the courts with a claim for recovery of damages. At this stage, it is also impossible to do without the competent assistance of a lawyer, due to the complexity of legal proceedings and the specifics of similar case hearings. Law & Wise experts will prepare the necessary documentation and the evidence base of the defendant’s guilt, after which they will send a lawsuit with weighty arguments to the court.
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How can one dismiss charges of unfair competition from a company?

Legal entities for which FAS issued an improvement notice / decision on violation of competition may require protection in cases of unfair competition. It is hard to do without the professional help when the anti-monopoly body imposes a fine, since protection in cases of unfair competition is a rather long and laborious process.

Your company has received a FAS notice on competition violation, but you did not commit illegal actions? Law & Wise experts will help protect your legitimate interests.

For this, we will:

Collect probative evidence of a legal entity’s innocence.

Prepare the needed package of documents for the antimonopoly service.

Appeal against the actions of the antimonopoly authority.

Develop a client protection tactic in a case of unfair competition.

Judical practices and cases

QUESTION-ANSWER

I do not agree with the requirements specified in the tender documentation for bidding in accordance with 223-FZ, what should be done in this case?

See the answer

The bidder may appeal against the actions of the competition commission, as well as the results of the auction, bidding and concluded contracts. The guarantees of the participants are regulated by the Federal Law No. 223-FZ of July 18, 2011 “On the procurement of goods, works, and services by certain types of legal entities”. You can appeal the decision:

- by sending a complaint about the action or inaction of the customer, or unfair competition to FAS /OFAS ;
- by submitting a claim to the court.

In the case of a complaint to the court, the claimant must prove the existence of the right or interest that the legal entity is trying to protect using measures prescribed in civil law. This is because merely a violation of the bidding procedure cannot serve as a basis for declaring the results invalid by the claim of a person whose property interests and rights are not affected by these violations of the regulations.

According to Part 10 of Art. 3 of Law No. 223-FZ, the tenderers may appeal against the results of the auction to the anti-monopoly authority in the manner established by FAS. Such complaints are considered in accordance with Art. 18.1 of the Federal Law "On Protection of Competition" № 135-FZ.

Can the Self-Employed Person (unincorporated business) participate in tenders with legal entities?

See the answer

Law No. 44-FZ does not limit the rights of bidders depending on the legal form of their activities. Thus, not only the organization can become a bidder, but also a self-employed individual, and in some cases an individual who is not self-employed.

The company was accused of dumping prices, how to prove innocence?

See the answer

You need to confirm your sound business practice. This can be done using information from the register of contracts with customers, which will confirm one of the following conditions:

- executing 3 or more contracts within 1 year prior to the filing date of the application (all contracts must be executed without penalties or fines),
- executing 4 or more contracts within 2 years prior to the filing date of the application (at least 75% of the contracts must be executed without penalties or fines),
- executing 3 or more contracts within 3 years prior to the filing date of the application (all contracts must be executed without penalties or fines).

In these cases, the price of one of the contracts must be at least 20% of the price at which they make an offer for the tenderer to conclude a contract in accordance with Part 2 of Art. 37 of Law No. 44-FZ.

What to do if the provisions of the state contract contain provisions in favor of my competitor (purchase of goods of a certain brand, model, etc.)?

See the answer

You can appeal the unlawfulness of the provisions to the antimonopoly authorities by filing a complaint against the actions of the state customer with the obligatory indication of the state contract provisions that violate the rights and legitimate interests of the procurement participant, as well as with the legal background of your position within the framework of existing legislation.

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Law & Wise - reliable protection of your interests in FAS

Protection of competition is a very difficult task, which only real professionals can solve. Law & Wise is a team of subject matter lawyers who specialize in antitrust law. Cooperation with our office will allow:

Avoid punishment by warning or fine

Collect damage from a competitor

Protect the company’s reputation and image in the market
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.