OREANDA-NEWS. November 20, 2014. The Head of the Legal Department of the Federal Antimonopoly Service (FAS Russia), Sergey Puzyrevsky, and Deputy Head of FAS Anti-Cartel Department, Konstantin Alyoshin, took part in a conference on “The Most Important Judicial Disputes 2014”.

Sergey Puzyrevsky discussed the most important judicial disputes with the antimonopoly authority that can influence the existing enforcement practice. He pointed out that in 2011 the institution of warnings was introduced to stop actions that have elements of violating the antimonopoly law. “Before the Findings of the Supreme Arbitration Court of the Russian Federation, judicial practice lacked a common approach to appealing warnings at Courts. Now the issue is solved: FAS warnings can be appealed by economic entities at Court”, emphasized Sergey Puzyrevsky.

He also talked about the existing practices in the issue and stated that Courts establish only the elements of violation specified in the warning, rather than the fact of committing a violation.

Sergey Puzyrevsky informed about the findings of the Judicial Board of Supreme Court of the Russian Federation on economic issues that confirms legitimacy of FAS decision and determination with regard to “Russian Railways” OJSC upon the facts of mass refusals to fulfill applications of consignors for freight by railways in the carrier’s cars.

He also touched the issue of the scope of powers of the Antimonopoly Service to carry out unscheduled inspections of economic entities. The Head of FAS Legal Department drew attention that although the Guidelines on inspections were recognized invalid, FAS powers in this field remained unchanged (они regulated by Article 25.1 of the Federal Law “On Protection of Competition”).

In conclusion, Sergey Puzyrevsky informed about FAS short-range plans and asked the conference participants to formulate their proposals on improving the antimonopoly law.