Elena Bokareva, Chief Legal Advisor of FBK Legal on a dispute between Federal Antimonopoly Service and retailers Auchan and Atak

Elena Bokareva, Chief Legal Advisor of FBK Legal, in an interview to RBC daily commented upon the dispute between the Federal Antimonopoly Service and retailers Auchan and Atak. As it was reminded by the publisher, in their claim to the Moscow department of Federal Antimonopoly Service LLC Auchan and LLC Atak asked to cancel the decision and the order of the Antimonopoly Service that made them liable for violating the Trade Law. However Moscow City Arbitration Court decided that retailers have no right to push suppliers to sign standard contracts and set awards for entering the market. This position shows a trend in disputes on the Trade Law. The recent precedents are not in favor of retailers, the lawyers say. The Trade Law, that is now being appealed, was passed in 2010 to protect producers of goods and to regulate the activities of retailers, reminds Elena Bokareva. “The first decisions of courts not in favor of major retailers should now become an alert for other market participants”, the lawyer notes. In order to avoid further similar cases, retailers now have to assess their approach to the situation with their suppliers in terms of its compliance with the above law, Ms Bokareva recommends.