Supreme Court of the Russian Federation returned to the issue of complaints to the antimonopoly authority in the purchase of 223 - Federal Law

16 October 2017, Monday

The Supreme Court stated: when considering a complaint under the rules of Art. 18.1 of the Law on Protection of Competition, the antimonopoly authority may decide only on violations mentioned in Federal Law Law № 223.

As in the April definition, the court explained that the basis of the complaint in this situation can only be violations listed in this law.

FAS previously expressed a different opinion.

The complaint will be examined according to the rules of art. 18.1 of the Law on Protection of Competition in the following cases:

- it contains grounds for appeal against 223 Federal Law;

- it refers to parts 1, 5 of Art. 17 of the Law on Protection of Competition.

The antimonopoly authority must take into account other violations if it establishes them when considering the complaint.

Document: Definition of Supreme Court of the Russian Federation from 02.10.2017 N 309-KG17-7502

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