North-Caucasian Okrug FCC upholds KIAP's arguments in antitrust litigation between METRO Cash & Carry and Russia FASD for Rostov Oblast

On October 1, 2013 the Federal Commercial Court of the North-Caucasian Okrug upheld the rulings of the lower-level authorities that had invalidated the decision of FAS of Russia Rostov Directorate. The local antitrust authority had found METRO Cash & Carry to be creating a discriminatory environment among suppliers because it priced its services pro rata to sales. 

Note that this was fairly standard practice between suppliers and retailers until made illegal in the FAS of Russia Guidelines entitled "Antitrust Regulation of Commerce", published early in 2011. Many market players, including international retail chains, rejected such philosophy, which gave rise to a raft of lawsuits brought against the antitrust authorities in various regions. 

The Firm's lawyers were successful in arguing before all three judicial instances that such pricing methodology is not discriminatory and that the suppliers and the retail chain are compliant with the principle of freedom of contract enshrined in civil law.

The case was litigated by a KIAP partner, attorney at law Ilya Ischuk.

Antitrust and Competition

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.

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