Grounds for Appealing to the FAS Russia the Decisions and Orders of the Territorial Antimonopoly Service by a Person Who Was not Involved in the Case-Reference-Cited by-同舟云学术

Grounds for Appealing to the FAS Russia the Decisions and Orders of the Territorial Antimonopoly Service by a Person Who Was not Involved in the Case

Published:2022-02-11 Issue: Volume: Page:48-53
ISSN:2542-0259
Container-title:Russian competition law and economy
language:
Short-container-title:jour

Author:

Moskvitin O. A.¹

Affiliation:

1. “Muranov, Chernyakov & partners” law firm; Competition policy and market regulation Institute of the National Research University of the Higher School of Economics; Competition Experts Association

Abstract

The legal grounds and conditions for the legality of appealing decisions or orders of its territorial departments to the collegial body of the FAS Russia by persons who did not participate in the consideration of the case occupy a special place. (departmental appeal). The conditions for the exercise of the right to departmental appeal for interested parties have been determined. In the author’s opinion, the right to appeal the decision and (or) the order of the territorial body to the FAS Russia is also held by the entities, although not involved in the case, but meeting the criteria provided for in Article 42 of the Law on the Protection of Competition.

Publisher

The Centre for Education and Methodics of the FAS Russia

Reference7 articles.

1. Batrova T.A., Artemyev E.B. Commentary to the Federal Law of July 26, 2006 No. 135-FZ “On Protection of Competition” URL: http://www.consultant.ru/ (Аccessed: 29.12.2021)

2. Abakumova Y.I., Afanasyeva O.R., Borisov A.V., Dzhioeva L.S., Kryukov A.S., Milchakovа O.V., Molchanov A.V., Ovsyannikova M.V., Saydashev R.Z., Trubinova E.I., Filimonenko A.A., Shiyan V.I. Procedures in competition law/manual. [otv. ed. S.A. Puzyrevsky]. M.: Prospect. 2019. 296 p. (In Russ.), https://doi.org/10.31085/9785392284818-2019-296

3. Podguzova K. Departmental Appeal of the Federal Antimonopoly Service of Russia // Bank Review. Appendix “Banking Supervision”. 2017;(2):38-42 (In Russ.)

4. Scientific and practical commentary on the Federal Law “On the Protection of Competition” / K.N. Aleshin, E.A. Bolshakov, V.V. Vladimirov [and others]; Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of Russia, Federal Antimonopoly Service.–2nd edition, revised and supplemented. M: Publishing house “STATUTE”. 2016 1024 p. ISBN 978-5-8354-1287-7 (In Russ.)

5. Unfair competition: educational and practical manual / O.A. Gorodov, A.V. Petrov, N.A. Schmigelskaya; ed. O.A. Gorodov. M.: Justicinform, 2020. 324 p. (In Russ.)