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