The Third Court Round of the Antitrust Test “Fish Case” is Completed

The Third Court Round of the Antitrust Test “Fish Case” is Completed
Photo by Metro Cash & Carry

On 10 December 2015 Arbitration Court of the Moscow District completed the third round of a most infamous recently antitrust case among those instigated by FAS Russia after the Law on Trade had taken effect in 2010. For five years the Russian food retailers have been keeping track of the case three court rounds worth. The court ruled illegal the total of 63 administrative fines for the aggregate amount of 126 mln roubles sentenced to Metro Cash & Carry LLC for discriminatory practices against fish and fish products suppliers. The case has a long history – it was the third proceeding by the court of cassation after ordering retrial twice.

Among other facts, the case is remarkable for the fines rescinded even though in the beginning of 2014 the courts found the resolution of the antimonopoly authority which instigated administrative proceedings legal. In its course they collected over 1,500 volumes of the case materials making it one of the most extensive ones in terms of both evidence and documents.

Metro Cash & Carry LLC was represented by Attorneys at Law Ilya Ischuk and Alexey Sizov.

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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