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Antimonopoly regulation

Antimonopoly regulation

Our lawyers assume a prominent role in expert organisations that are working together with the regulator, the Russian FederalLegal-500-leading-firm-2020.jpg Antimonopoly Service (FAS of Russia), to improve Russian antimonopoly legislation. 

Breaching antimonopoly legislation may have adverse effects and be detrimental to business. Pepeliaev Group has broad experience in advising on antimonopoly regulation.

We are ready to provide comprehensive legal support in all aspects of antimonopoly regulation, including: abuse of a dominant position, entering into anticompetitive agreements/concerted actions, unfair competition; advising participants in, and organisers of, tenders on orders placed by government and municipal authorities; legal support regarding regulatory aspects of economic concentration, etc.

Our services:

  • Representing clients before the FAS, the Eurasian Economic Commission and in courts, including cases on cartels and abuse of a dominant position
  • Performing antimonopoly audits and developing antimonopoly compliance systems
  • Providing support during antimonopoly audits
  • Providing advice on antitrust legislation and other issues that fall within the jurisdiction of the FAS
  • Obtaining approval for transactions and other actions with the FAS and with the Governmental Commission for Overseeing the Making of Foreign Investments in Russia
  • Holding training sessions on antitrust law compliance and other issues that fall within the FAS’s competence

Projects

Antitrust audits The experts of our antitrust practice have conducted a lot of antitrust audits in relation to the activities of pharmaceutical companies, accumulating thus a wealth of knowledge concerning the specifics of this industry’s business in the Russian market.
The experts of our antitrust practice have conducted a lot of antitrust audits in relation to the activities of pharmaceutical companies, accumulating thus a wealth of knowledge concerning the specifics of this industry’s business in the Russian market. As a result, our lawyers successfully implement their knowledge of the main antitrust risks and means to prevent them when supporting a range of audits conducted by the Russian Federal Antimonopoly Service in relation to pharmaceutical companies, and, subsequently, during the regulator’s decisions being contested in courts. 
Pepeliaev Group’s antitrust practice has successfully proven the absence of a cartel agreement on the road construction market Pepeliaev Group’s antitrust practice has successfully proven the absence of a cartel agreement on the road construction market at the Novosibirsk Regional Office of the Federal Antimonopoly Service.
The Novosibirsk Regional Office of the Federal Antimonopoly Service (the “FAS Novosibirsk Office”) initiated an antitrust case against NBS-Sibir LLC, SibDSK LLC, Dorstroy LLC and TsS LLC based on the signs of a cartel agreement being allegedly concluded and implemented to maintain prices during the tender. In the context of this case, the Regional Office of the Federal Antimonopoly Service used a number of indirect evidence, specifically the coinciding IP addresses of companies that had filed their price quotes and tender applications, the coinciding accounts of users who produced the applications, the fact that there were transactions and sub-contractor relationships between the companies, as well as other evidence.

Our lawyers from antitrust practice succeeded in convincing the FAS Novosibirsk Office that the above companies were not competitors as they carried out repairs of different nature and had various experience and industry-related permits to work. Moreover, the indirect pieces of evidence the FAS Novosibirsk Office submitted, both taken separately and in their integrity, did not demonstrate the existence or implementation of the cartel agreement between the companies as they stemmed from the objective factors which did not contradict the antitrust legislation. 

Having successfully elaborated the positions of four companies and implemented the defence strategy for clients during the session of the FAS Novosibirsk Office, Pepeliaev Group's team managed to have the antitrust case terminated owing to the absence of the offence signs. As a result, no sanctions were applied to NBS-Sibir LLC.
Other projects

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