AAE PUBLISHES OPINION OF ARTHUR ROKHLIN AND ELENA KUZNETSOVA ON DRAFT RESOLUTION OF SUPREME COURT OF RUSSIA

As part of the participation of the AAE in the working group of the Supreme Court of the Russian Federation to prepare a draft resolution of the Plenum on the application of antitrust laws by the courts, Partner Arthur Rokhlin and Head of the Antitrust Law Practice Elena Kuznetsova shared their views on the key provisions of the project. "Back in 2014, the Supreme Court of the Russian Federation indicated that the powers of the antimonopoly authority cannot unreasonably impede the implementation of economic activities and overly limit the rights of participants in civil relations. In the context of an economic crisis, increased Covid-19, the legality and validity of the intervention of the antimonopoly authority in the entrepreneurial activities of persons, including through the issuance of instructions and warnings, acquires additional flush. It is therefore critical that the Plenary summarize requirements for prescriptions and warnings. These acts must meet the requirements of legal certainty, relatability and enforceability, which implies that they contain clear and unequivocal instructions on specific actions that should be taken by a person who violates antitrust laws, and these instructions should be directly related to the grounds for their extradition, "comments Elena Kuznetsova. "In addition to the signs of certainty and compliance with the order within the prescribed time frame, an important sign of enforceability is the physical ability of a bona fide business entity to perform the prescribed actions. The actions to be carried out in accordance with the prescription shall be under the control of the person to whom the prescription is addressed. The possibility of fulfilling the order should not depend on the will of third parties other than the person to whom the order was issued," concludes Arthur Rokhlin.

https://www.facebook.com/competitionsupport/photos...