Some Issues of Challenging the Decisions of the Collegial Bodies of the FAS Russia

Abstract

The author examines current judicial approaches to challenging decisions of the departmental appeal. Although the review of decisions and orders of the territorial offices of the FAS Russia by collegial bodies of the Service's central apparatus (the FAS departmental, or administrative, appeal) was introduced by the "fourth antimonopoly package," a number of issues related to challenging these appeal decisions were only recently resolved in law enforcement practice. A number of important questions regarding the judicial challenge of decisions made by the collegial bodies of the FAS Russia still remain unanswered.
Among the most pressing questions that, in the author's opinion, require answers are: the criteria for the so-called "new decision" of the departmental appeal, determining the subject of judicial review of a departmental appeal decision for legal grounds to challenge it and the corresponding act, in cases where such grounds are not confirmed.