Practice of Board of Appeals of FAS of Russia (scientific review ofthe most significant cases considered in the third quarter of 2020)

Abstract

This review of the decisions of the “departmental appeal”, which has already become a tradition, contains comments on three cases considered by the Board of Appeals of the FAS of Russia in the third quarter of 2020. The first of the considered cases is devoted to the issues of enforceability of warnings, including qualifications of actions under paragraph 5 of part 1 of article 10 of the Law “On protection of competition”. Other two cases are related to the issues of proving anticompetitive agreements. However, in one case, the Board of Appeals of the FAS of Russia evaluated indirect evidence of cartel agreements, established territorial control, and in another case — the relevance of qualification of actions of legal entities under paragraph 4 of article 16 of the Law “On protection of competition”.