Competition / Antitrust

FBK Legal lawyers and attorneys will prepare a complaint and represent your interests both directly in the FAS Russia and in courts in the following cases:

• abusing dominant market position;
• cartel agreements (agreements between business competitors);
• vertical agreements (agreements between selling and purchasing parties);
• other agreements and coordinated actions, which can result in restriction of competition;
• agreements between federal and municipal authorities;
• disputes between natural monopolies and regulating bodies;
• assistance in disputes related to invalidating transactions subject to the rules on controlling economic concentration, completed without preliminary consent of the Federal Antimonopoly Service of the Russian Federation (FAS);
• challenging procurement documents;
• challenging tender results;
• challenging decisions made by the antitrust body on inclusion of an entity into the list of mala fide suppliers.

• Evaluation of antitrust requirements and restrictions on transactions, developing recommendations on the structure of transactions
• Developing, submitting and supporting applications and notifications for transactions
• Transaction related antitrust due diligence
• Controlling & Monitoring of foreign investments:
  • Analyzing the investee for its relationship to strategic enterprises
  • Preparing applications to the Federal Antimonopoly Service of the Russian Federation (FAS) based on the transaction documents and business plans

• Analyzing antitrust risks of potential transactions/contracts
• Consulting on matters of antitrust regulation in specific sectors
• Consulting services for natural monopolies
• Developing internal antitrust corporate guidelines
• Supporting inspections carried out by regional offices of the Federal Antimonopoly Service of the Russian Federation (FAS) (including so-called “dawn raids”), in particular by preparing responses to requests and objections to inspection reports.

• Consulting on advertising legislation:
  • Assessment of advertising campaigns for compliance with the advertising legislation requirements
  • Consulting on recognizing advertising expenses in order to assess profit tax
  • Consulting on assessing VAT applied to promotional campaigns (including discounts and bonuses)
• Supporting disputes related to advertising legislation:
  • Representing clients before the Federal Antimonopoly Service of the Russian Federation (FAS) in cases of improper advertising, as well as preparing and submitting the relevant documents
  • Appealing decisions and actions (inaction) of the Federal Antimonopoly Service of the Russian Federation (FAS) in court

FBK Legal provides legal support to organizations and institutions that are subject to Federal Law No. 44-FZ of April 5, 2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” and of July 18, 2011 No. 223-FZ "On the procurement of goods, works, services by certain types of legal entities", in the following areas:

• Developing procurement guidelines, particularly procurement time-schedules for goods, works, services (in coordination with financial department specialists of the FBK group)
• Drafting and/or evaluating of procurement documents
• Developing drafts of state and municipal contracts and civil contracts for publicly-funded  institutions
• Legal support for special purpose procurement activities:
  • consulting services tailored to the energy sector needs and environment;
  • consulting services tailored to the public procurement related to PPP projects.
• Preparing notifications about placing an order with a single supplier
• Financial investigations to identify collusive tendering
• Preparing complaints and representing clients before the Federal Antimonopoly Service of the Russian Federation (FAS)
• Representing clients in arbitration courts when challenging tender results by stakeholders
• Consulting services and expert forecasts on development of legislative and regulatory compliance practices in the field of public procurement (Federal Procurement System)
• Workshops on legal regulation and practices of compliance with requirements of public procurement legislation.