Antitrust & Competition

We

  • Represent the client’s interests in the Federal Antimonopoly Service of Russia and its territorial bodies when considering cases of violation of antimonopoly legislation and the Eurasian Economic Commission when considering applications, conducting investigations and considering cases of violation of competition rules in cross-border markets

  • Evaluate the actions of counterparties and competitors of the client and protection of his interests in the antimonopoly authority and the Eurasian Economic Commission

  • Protect the interests of the client in cases of bringing to administrative responsibility and liability for violation of competition rules in cross-border markets

  • Develop and implement an internal system for ensuring compliance with the requirements of antimonopoly legislation (antimonopoly compliance)

  • Assist with receiving of approval of transactions and other actions with the FAS Russia as part of economic concentration control

  • Represent the interests of the client during scheduled and unscheduled inspections by the antimonopoly authority

  • Judicial appeal against decisions and orders of the antimonopoly authority and the Eurasian Economic Commission, assistance in concluding amicable agreements with the antimonopoly authority

  • Appeal against decisions of territorial antimonopoly authorities to the Appellate Board of the FAS Russia

  • Criminal legal protection of business in criminal cases related to the restriction of competition

  • Advise on all issues of application of antimonopoly law and competition rules in cross-border markets, including issues of concluding agreements and personal liability of managers and beneficiaries of business entities

  • Organize independent expert studies of market concentration and identification of signs of a dominant position

  • Represent the client's interests in disputes in the field of state, municipal and corporate procurement, restriction of competition at the auction (44-FZ, 223-FZ)

Key contacts

Vasily Malinin Partner
+7 (495) 150-05-05
rkp@rkplaw.ru
Vasily heads the commercial disputes practice at Rustam Kurmaev and Partners. He boasts significant experience representing domestic and international companies in arbitrazh (commercial) courts and courts of general jurisdiction. His industry expertise spans energy and natural resources, real estate and construction, with a particular focus on proprietary and contractual disputes related to large scale investment projects.
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Elena Kuznetsova Head of Antitrust practice
+7 (495) 150-05-05
rkp@rkplaw.ru
Elena Kuznetsova has been specializing in competition and antimonopoly issues for over 25 years and is a recognized expert in this area. Her experience includes many years of work in the federal antimonopoly authority (FAS Russia) and the supranational antimonopoly authority (EEC), as well as managing the Antimonopoly Law practice in a leading Russian law firm. In her practice, Elena focuses on representing clients in cases of abuse of dominance, anti-competitive agreements and unfair competition, advising on the most complex issues of applying antitrust laws and competition rules in cross-border markets, as well as conducting antitrust audits and preparing antitrust compliance.
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Recent experience:

Representing the interests of the former Governor of a Russian region in a dispute with the Federal Anti-Monopoly Service of Russia. This dispute is a precedent for Russian judicial practice because it was the first exceptional case of bringing a governor to justice for violating Article 16 of the Antitrust Law. Our team successfully refuted the accusations of the Federal Anti-Monopoly Service of Russia claiming that the governor concluded an anti-competitive agreement that restricts competition in the territory of the Russian Federation in the field of road construction. The arbitration courts justified the erroneous conclusions of the Federal Anti-Monopoly Service of Russia and overturned the decision of the Federal Anti-Monopoly Service of Russia against the governor. We also carried out protection from criminal prosecution under Article 178 of the Criminal Code of the Russian Federation.
Former Governor of a Russian region
Representing the interests of the largest manufacturer of heat-insulated pipelines, "Smith-Yartsevo" while challenging the actions of the organizer of an open request for proposals in electronic form in connection with significant violations of the antimonopoly legislation that resulted in the restriction of competition and creation of preference for other participants. Representing the interests of the customer in the Territorial Division of the Federal Anti-Monopoly Service of Russia in the Udmurt Republic.
Smit-Yartsevo
Advising the CHTPZ Group on challenging bids that resulted in contracts with a single supplier. Preparation of a strategy for challenging the procurement policy because it contradicted the provisions of the law on procurement of goods, works, and services by certain types of legal entities (Federal Law 223-FZ).
CHTPZ Group
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