Сontesting a FAS refusal to approve a transaction


Infralex represented major cargo railway carrier of Russia, in contestation of FAS Russia decision on economic concentration transaction for USD 60+ mln.

The client filed a petition with FAS Russia on gaining permission for conduction of economic concentration transaction. FAS Russia conducted the product market analysis and came to the conclusion that the transaction would bring to the enforcement of the dominant position of the client and refused to give permission. 

Actions taken

Infralex competition team researched the market, where the client conducts the activity and prepared an amount of evidence that shows that the position of the client if not dominant and FAS Russia has infringed the rules of product market study due to which came to the wrong decision. 


The arbitration court explored all the evidence and confirmed that the client is not dominant and FAS`s Russia Decision is illegal. The court also ordered FAS to consider the petition of the client again taking into account the non-dominant position of the client.