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.