KIAP strikes down 63 administrative fines from FAS of Russia totalling 126 mln rbl. for Metro Cash & Carry

KIAP strikes down 63 administrative fines from FAS of Russia totalling 126 mln rbl. for Metro Cash & Carry

The start of this week saw the publication of yet a third Ninth Arbitrazh Court of Appeal determination in a widely publicized antitrust case involving the application of the Commerce Act: OOO Metro Cash & Carry is contesting a decision, order and 63 administrative rulings handed down by FAS of Russia in connection with accusations of discrimination against suppliers of fish and fish products.  

As was reported earlier, the court of cassation had twice remanded the case for re-examination as regards the challenge to administrative rulings. In the re-examination, the court of appeal took under advisement the input from the higher authority, accepted some of the arguments from the company, and once again quashed all of the rulings. 

Advocacy for the client was provided by the KIAP litigators Ilya Ischuk and Alexey Sizov.

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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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