Actual Positions of the Collegial Bodies of the FAS Russia on the Application of Antimonopoly Legislation in Cases of Unfair Competition (on the Example of Cases of the II Quarter of 2022)
https://doi.org/10.47361/2542-0259-2022-3-31-96-105
Abstract
This article reveals the modern attitudes of the Federal Antimonopoly Service applied by the agency when considering cases of violation of antimonopoly legislation in cases of unfair competition.
The attitudes of the FAS Russia often play a significant role both for territorial agency (OFAS) and for courts in cases of violation of antimonopoly legislation. The cases considered by the Collegial Bodies of the FAS Russia are essential for the development of antimonopoly law enforcement practice and maintaining its consistency.
In order to more fully and practically disclose the current positions of the FAS Russia on various issues of antimonopoly enforcement, the article will consider some examples of cases considered by the agency in the 2nd quarter of 2022.
About the Author
O. A. Moskvitin
“Muranov, Chernyakov & partners” law fi rm, Competition policy and market regulation Institute of the National Research University of the Higher School of Economics, Competition Experts Association
Russian Federation
Russian Federation
Denisovskiy lane, 23, bldg 6, Moscow, 105005
References
1. Ageshkina N.A., Kail A.N., Serebrennikov M.M., Holkina M.G. Commentary to Federal Law No. 135-FZ of July 26, 2006 “On Protection of Competition”. GARANT. 2018 (In Russ.)]
2. Gavrilov D.A. Legal protection against unfair competition in the field of exclusive rights to means of individualization and other objects of industrial property: monograph. M. Norma. 2017. P. 113, (In Russ.)]
3. Gorodov O.A., Petrov A.V., Shmigelskaya N.A. Unfair Competition: educational and practical manual // edited by O.A. Gorodov, M. Justicinform. 2020. 324 p. - ISBN 978-5-7205-1575-1, (In Russ.)
4. Karetin D.V. Some aspects of law enforcement in combating unfair competition // Competition law. 2020;(1):27-31, (In Russ.)
5. Kolzdorf M.A., Osadchaya O.A., Ulyanova E.V., Oganesyan A.N., Alimuradova I.K. Reviews of judicial practice for the period from January 1, 2018 to September 30, 2021 presented in the “Classifier of decisions of the Presidium of the Intellectual property rights court” URL: https://www.consultant.ru. (In Russ.), (Accessed:15.08.2022)]
6. Matyashevskaya M.I., Saydashev R.Z. Practice of the Appeals Board of the Federal Antimonopoly Service of Russia (scientifi c review of the most signifi cant cases considered in the 2nd quarter of 2021) // Russian Competition Law and Economy. 2021;(3(27)):96-101, (In Russ.), https://doi.org/10.47361/2542-0259-2021-3-27-96-101]
7. Matyashevskaya M.I., Saydashev R.Z. Practice of the FAS Russia Board of Appeal (analytical review of the most signifi cant cases considered in the 1st quarter of 2022) // Russian Competition Law and Economy. 2022;(2(30):84-89, (in Russ.), https://doi.org/10.47361/2542-0259-2022-2-30-84-89]
8. Moskvitin O.A., Bochinin I.P. Practice of the Appeal Board of the Federal Criminal Service of Russia (scientific review of the most signifi cant cases considered in the fi rst quarter of 2020) // Russian Competition Law and Economy. 2020;(2(22):106-110, (In Russ.)
9. Buryachek V.I., Dibaeva S.E., Korenkova D.D., Savelyev V.E., Sergeeva E.E. Unfair competition using protected deliverables of intellectual activity and exclusive rights to individualization means: analysis of the current judicial practice // Competition law. 2020;(3):16-22, (In Russ.)
10. Petrov A.V. Acquisition of exclusive rights to individualization means and the use thereof as a form of unfair competition // Competition law. 2022;(1):18-22, (In Russ.), https://doi.org/10.18572/2225-8302-2022-1-18-22]
11. Shestakova E.V. Control and supervisory activities of the Federal Antimonopoly Service: bringing an organization to administrative responsibility for violation of the legislation on promotion of competition, legislation on advertising // “Access rights”. 2020, (In Russ.)]
Review
For citations:
Moskvitin O.A. Actual Positions of the Collegial Bodies of the FAS Russia on the Application of Antimonopoly Legislation in Cases of Unfair Competition (on the Example of Cases of the II Quarter of 2022). Russian competition law and economy. 2022;(3):96-105. (In Russ.) https://doi.org/10.47361/2542-0259-2022-3-31-96-105
Views:
576
Email this article 