Antimonopoly Regulation

Over the last six years, we have been intensely developing our antimonopoly law practice, which has evolved into one of AGP’s key areas of practice. Our lawyers take an active role in the Non-Commercial Partnership “Competition Promotion”, a major public association of legal practitioners who work closely together with the Russian Federal Antimonopoly Service to review and approve new antimonopoly regulations.

We provide the following services in this area:

Representation before the Russian Federal Antimonopoly Service (FAS)

  • During discovery request and verifying compliance with antimonopoly legislation
  • Drafting and filing complaints to FAS about violations of antimonopoly law by government agencies or businesses
  • In proceedings relating to violation of antimonopoly legislation
  • In cases where antimonopoly legislation has been violated during registration of trademarks
  • In proceedings relating to violation of advertising laws
  • Obtaining government approvals for economic concentration (merger control) transactions

Legal Assistance and Advice

  • Assessing legal risks of antimonopoly non-compliance arising from abuse of dominant position, unfair competition, agreements/concerted actions limiting competition or arrangements of competitors in the same market
  • Advice on issues relating to violation of the antimonopoly law during trademark registration or trademark use
  • Advice on antimonopoly compliance with respect to business practices, management, contractual structure, and company internal documentation
  • Analysis and development of business models and relations with competitors in terms of antimonopoly law compliance
  • Client support during antimonopoly audits
  • Liaising with antimonopoly authorities for protection of client’s interests
  • Advice on advertising law matters

Projects

Major European automobile manufacturers

  • Advising and representing the companies in cases on violation of the antimonopoly legislation
  • Legal assessment of the terms of dealership contracts and the discount system for antimonopoly compliance
  • Legal support for fulfilling antimonopoly agency’s orders, legal assessment of the terms of a dealership contract and clients’ rules on the customer choice

Foreign household electrical appliance manufacturer

  • Comprehensive legal support for all aspects of interaction with the Russian Federal Antimonopoly Service (preparing responses to FAS and its territorial agencies’ requests, legal analysis of relations with retailers, criteria and terms for choosing retail networks, and relevant legal advice on antimonopoly regulation)
  • Providing workshops and developing antimonopoly compliance guidelines for personnel

BMW Russland Trading and BMW AG

Successfully defended BMW Russland Trading and BMW AG against antimonopoly claims. After more than 6 months’ proceedings, the Russian Federal Antimonopoly Service commission declared there to be no violations in the clients’ actions being reviewed by the commission and, therefore, ruled to dismiss the case.

Medicines manufacturer

Filing a complaint with FAS in connection with a violation of antimonopoly law by a government authority.

Major holding companies

Legal support of economic concentration (merger control) transactions, disclosing group entities, and preparing transaction notifications to FAS.

RUSNANO

Representing RUSNANO before FAS in economic concentration (merger control) transactions (preparing motions and receiving FAS approvals for purchase of shares and stakes in the authorized capital of Russian companies).

Foreign clothing and accessories manufacturer

Legal support in creating a retail chain of multibrand stores.