KIAP's Antitrust practice is recommended by Legal 500 EMEA international rating, as well as by Russian Pravo 300, Pravo-300’s "Sympathy rating" and Kommersant rankings. The practice represents clients in litigation against antitrust authorities, provides support for antitrust investigations and proceedings, and advice on competition law. Head of the practice Ilya Ischuk is personally ranked in Chambers Europe 2020, Chambers Global 2017, Legal 500 EMEA 2020, Best Lawyers 2022, Pravo-300 and Kommersant. In 2018-2019 Ilya was awarded two honorary thanks – from the Federal Antimonopoly Service (FAS Russia) (2018) and the Association of Antitrust Experts (AAE) (2018 - 2019). The head of the FAS Russia awarded Ilya for his services in ensuring freedom of competition and effective protection of entrepreneurship, and Chairman of the AAE General Council noted Ilya’s outstanding contribution to the development of the Association of Antitrust Experts. Among the clients of the practice are major Russian and international companies. In view of an increasing demand from KIAP clients for qualified assistance in government procurement area, especially in complex conflict situations, the new division “Government Procurement: legal support and disputes” has been launched within Antitrust practice in 2018.
Support of audits and antimonopoly investigations:
- Representation at the Federal Antimonopoly Service of the Russian Federation (FAS) on stages of document request and antimonopoly law compliance investigation
- Representation at the Federal Antimonopoly Service of the Russian Federation on stage of antimonopoly law violation case investigation
- Representation at FAS of administrative law violation case
- Appraisal of criminal and legal risks relating to antimonopoly law violations
Support during litigation with antimonopoly bodies:
- Representation during litigation with the Federal Antimonopoly Service of the Russian Federation in cases of antimonopoly law violation
- Representation during litigation with the Federal Antimonopoly Service of the Russian Federation in cases of administrative law violation
Consultations on antimonopoly law:
- Consultations on compliance of agreement policies and management activities with the antimonopoly law
- Consultations within the framework of state control over economic concentration (transactions on shares acquisition, property, rights concerning the Russian legal entities) endorsement with the Federal Antimonopoly Service of the Russian Federation, endorsement of companies foundation, merger and takeover, etc.
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- Representing a retail network (a subsidiary of one of the world’s biggest retailers):
- in a dispute against the Federal Antimonopoly Service of the Russian Federation concerning a possible cartel agreement in the field of socially-important foods;
- in Moscow and regional arbitrazh courts - in disputes against the Federal Antimonopoly Service concerning the alleged imposition of discrimination conditions against the food suppliers, including disputes concerning convictions of the commission of other breaches of Russian competition law;
- in Moscow and regional arbitrazh courts - in disputes against the Federal Antimonopoly Service concerning breaches of the Federal trade and competition laws, including cases concerning the alleged failure to provide relevant information about goods;
- in numerous disputes against food suppliers for compensation of damages suffered in connection with alleged breaches of the Federal competition law.
- Representing the interests of a major regional supplier of goods for disabled people rehabilitation:
- as part of a number of court cases against regional antimonopoly service departments in connection with violations committed in the sphere of goods procurement for state needs;
- as part of a court case initiated in connection with the Principal having been charged with participation in a cartel agreement at a tender.
- Representing the interests of a major Russian producer of meat and meat products in a case initiated by the Russian FAS on the grounds of unfair competition on the part of the Principal's competitor.
- Defending one of the leading private operators of airport infrastructure against the convictions of breach of Art. 15 and 16 of the Federal law on protection of competition, which were brought against the Client and the Governor, the Government and specialized ministries of one of the subjects of the Russian Federation.
- Striking down 63 administrative fines from FAS of Russia totalling 126 mln rbl. for one of the biggest retailers in connection with accusations of discrimination against suppliers of fish and fish products.
- Inspection of the correspondence of the employees of a major Russian trading network with counterparties for compliance with the requirements of the current antimonopoly and trade laws (based on impersonal sampling).
- Conducting a compliance audit of the contractual relations system and the procedure for communication with distributors of the Russian representative office of a global power equipment manufacturer with the current antimonopoly laws (based on interviews and a document audit).
- Development of a system of contractual relations for operations with suppliers of goods (works, services) subject to the existing antimonopoly laws for a global hotel chain.
- Representing the interests of a Russian representative of a major international hypermarket chain in terms of the probe by the FAS of Russia Directorate (FASD) for Moscow Oblast into the allegations of client's anti-competitive practices in trade banned by the commerce law.
- Representing the interests of one of the Russian electronics and household appliances market leaders in a series of judicial disputes within the framework of challenging the decision of an antimonopoly authority on the declaration of the advertising contained in the Principal's marketing actions as being unfair.
- Representation of a trade association of major online retailers' interests in the FAS of Russia task force for the regulation of aggregators.
- Support for a foreign automaker as part of measures undertaken by FAS of Russia to check whether the market players comply with the Distributor and Automaker Guidelines released in the autumn of 2012, in particular, advising, drafting of responses to enquiries, etc.
- Providing support for a project connected with obtaining the approval by the Russian FAS of a joint operating agreement between two major international trade networks in the electronics and household appliances market.
- Representing the interests of one of the leaders in the pulp and paper production market as part of the proceedings in the FAS Russia on the grounds of abuse of the dominant position by establishing a monopolistically high price.
