OREANDA-NEWS. February 12, 2014. The Federal Arbitration Court of the Moscow District allowed a cassation appeal of the Federal Antimonopoly Service (FAS Russia) and reversed the judgment of Moscow Arbitration Court and the ruling of the 9th Arbitration Appeal Court to invalidate the FAS Order on carrying out the unscheduled on-site inspection of Moscow City Notary Chamber. The case is closed.

In April-July 2013, FAS inspected Moscow City Notary Chamber and revealed signs of violating the antimonopoly law in fixing prices for legal and administrative provided by notaries.

“No doubt, the ruling is a precedent in establishing positive enforcement practice. Another effort to challenge legitimacy of unscheduled inspections carried out by FAS was unsuccessful for the claimants. At the same time, an attempt to exclude the issues of fixing prices for all types of rendered services from antimonopoly regulation due to coming into force changes to the “Basic Legislative Principles of the Russian Federation on Notariatе” is disturbing. Unfortunately, it is by far not the first case when some business-communities try to lobby particular exemptions in antimonopoly regulation, including the right to form cartels on certain markets”, pointed out the Head of FAS Cartel Department, Andrey Tenischev.