Legal Problems of Appealing a Warning of an Antimonopoly Authority: Prospects for Expanding the Powers of Collegial Bodies of the FAS of Russia (Analytical Review)

Abstract

   The purpose of the article to the study of the legal nature of the institution of issuing a warning by an antimonopoly authority to stop actions (inaction) that contain signs of violation of antimonopoly legislation, as well as procedural ways of its challenge.

   As a result of the analysis of the current legislation and law enforcement practice, the authors identified a number of problems arising in the process of judicial challenge of the warning, namely the length of the court procedure and the use of a formal approach in the consideration of this category of cases. The authors conclusions point to the expediency of enshrining the possibility of challenging a warning in an administrative procedure by expanding the powers of the collegial bodies of the FAS of Russia.