The FAS of Russia for the first time collected court costs incurred in the course of its decision and instructions being contested
In 2011, following an examination of an antitrust case, the FAS of Russia declared the Association of Alcohol Market Operators in Orenburg Region (the “Association”) guilty of illegal coordination of its members’ business operations and issued respective instructions to cease the violation.
The Association did not agree with the decision and the instructions and contested them in court. Court proceedings lasted a long time and only in May 2015 the Commercial Arbitration Court of Uralsky Circuit confirmed that the acts adopted by the antitrust authority were legitimate (case No.А47-7950/2011)
The commercial arbitration court also satisfied the claim of the FAS on charging the Association with the court costs incurred by the antitrust authority in the course of litigation. The amount of costs collected constituted approximately 225,000 Rubles. Earlier court practice was different and the courts refused to satisfy claims of the FAS on compensation of such costs, even when the court confirmed that the defendant did in fact violate the antitrust legislation.
If this approach becomes a precedent and commercial arbitration courts start to generally apply such approach in the future and resolve such issues in the same manner, a violator of the antitrust legislation will need to pay not only an administrative fine, but also court costs which can be rather significant. Therefore, court proceedings against the FAS will become more expensive for persons contesting its decisions.
Should any questions arise in connection with the above or if you need any additional materials, please contact Irina Akimova or Dmitry Gavrilenko, Moscow Office of Capital Legal Services.
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