Federal Antitrust Service needs precedential approach

Administrative precedents shall be employed in its work

In today's article the Russian leading daily Vedomosti says that "from 2015 onwards it will be possible to challenge outside the court the decisions of territorial bodies of the Federal Antitrust Service (FAS): an introduction of the system of internal appeals is envisaged by the "Road Map" of the development of competition. The Presidum of the FAS shall be able to reverse the decisions of regional departments, if, for instance, they contradict a settled practice." According to Anna Numerova, a counsel at EPAM (leading Russian law firm), "inconsistent approaches do hinder the application of competition law: one regional department may deem some vertical agreement to be admissible, whereas in another department it may become a ground for prosecution". 

"The head of the FAS Igor Artemiev acknowledged that practices of the central apparatus and those of regional departments sometimes differ substantially: it's hard to watch all the regions - the Northern Caucases, Far East or North have different problems. The FAS expects an influx of applications from regional level, he anticipates. The Presidium of the FAS might - in a fashion similar to that of the Presidium of the Supreme Commercial Court - promote the creation of uniform practices".  

The article may be read in full following the hyperlink "FAS Heads For Liberalisation". 

Thus, it is expected that, apart from judicial precedent, a practice of administrative precedents created in the activities of bodies of executive power may soon evolve in Russia. The powers of the Presidium to reverse decisions of regional departments are supposed to be defined in pending amendments to antitrust legislation.