“Amicus curiae” and its role in the practice of official appeal of the Federal Antimonopoly Service

Abstract

The competence of the departmental appeal (collegial bodies) of the FAS Russia includes disputes between business entities and territorial departments of the FAS Russia, ensuring uniformity in the practice of applying antimonopoly legislation. The positions of the collegial bodies of the FAS Russia, which determine the development of law enforcement practice and the approaches of antimonopoly authorities to resolving similar cases, are no less important today than the clarifications of the courts. Such positions (especially on complex disputes) should be formed very carefully and on the basis of a comprehensive consideration of each issue.

The institution of a “friend of the court” (“amicus curiae”) — an expert who is not associated with either side of the dispute — has been known since the times of Ancient Rome. In the context of multiple corporate connections, jurisdictions, and conflicts of interest, and tightening anti-corruption standards, this institution has become even more in demand.

The article examines the Russian practice of “amicus curiae” within the framework of departmental appeals by the FAS of Russia.

The authors answer questions about the feasibility and effectiveness of using this institution in the practice of departmental appeals of the FAS of Russia when considering cases that have the significance of an actual precedent.