Antimonopoly legal practice is currently one of most demanded in legal field. This is due to the fact that state began to pay maximum attention to antimonopoly regulation and control over ensuring competition at the market for goods, works and services. This is reflected in increase in volume of regulatory activity by the FAS of Russia, introduction of antimonopoly compliance, toughening of administrative and criminal liability for violations of antimonopoly legislation, creation of new digital ways to identify cartels.
For their successful growth, development of strategy for market behavior, companies need to fully understand requirements of antimonopoly legislation and competently plan their activities; understand regulation of procurement activities and identify antimonopoly risks.
a.t. Legal's lawyers have been successfully representing clients on various issues of antimonopoly regulation for more than 10 years - the company has more than hundred of successfully resolved cases. Our regular customers are large companies in field of pharmaceuticals and healthcare, mining, construction, etc.
a.t.Legal tries to resolve disputes with antimonopoly authorities in administrative manner without going to court. If necessary, we provide judicial protection of rights in cases of any complexity. The key to success of our antitrust practice is not only effective advice to clients and participation in antitrust cases, but also training of our customers' employees in order to exclude non-competitive behavior of companies.
We provide legal assistance on issues as:
Advising, representing interests in procurement activities under 223-FL (Federal Law) and 44-FL (Federal Law):
- Analysis of terms of procurement documentation and appealing against them to the FAS of Russia/territorial bodies or in court;
- Writing requests of any complexity, advising on various issues of procurement regulation under 223-FL and 44-FL and participation therein;
- Training client employees on the practice of 223-FL and 44-FL;
- Challenging illegal actions of customer in the FAS of Russia and in court representing client's interests in proceedings;
- Representing client's interests in litigation on invalidation of decisions and orders of antimonopoly authorities presented in connection with procurement activities;
- Representation of interests in proceedings in antimonopoly authorities on inclusion of companies in blacklist of suppliers. Challenging decisions of antimonopoly authorities about inclusion of company in blacklist of suppliers in court.
- Representing clients in course of investigations of violations of antimonopoly legislation (including on charges of creating cartels), consideration of cases of administrative offenses and judicial challenging of decisions and orders of antimonopoly authorities, as well as in other situations of interaction with antimonopoly authorities.
Antimonopoly Compliance System (“Antimonopoly Compliance”):
- Assessment of companies' activities and development of system preventing the antitrust risks;
- Consulting, development of recommendations, opinions on unfair competition, including those related to illegal use of intellectual property;
- Consulting on drafts of customer agreements and relationships with counterparties in order to prevent conclusion of agreements, actions that may lead to restriction of competition;
- Preparation of personnel training system in order to exclude unlawful non-competitive behavior of employees;
Coordination of transactions with antimonopoly authority within framework of control over economic concentration
- Represented the company in an antitrust case. Employees of A.T.Legal provided legal services to represent TGC-2 PJSC in the FAS of Russia during the consideration of the case on violation of antitrust law: we studied the problematic situation and the bidding practice of TGC-2 PJSC for 2017-2020, built a position on the case, carried out search and presentation of evidence to the FAS of Russia, conducted an analysis of the coal market, participated in meetings of the FAS of Russia Commission during the consideration of the case, drafted all necessary documents. Currently, the Arbitration Court for the City of Moscow has ruled that the decision of the FAS of Russia is illegal and subject to reversal.
- At the moment A.T.Legal also represents interests of TGC-2 in the FAS of Russia within the framework of an administrative case. After the Federal Antimonopoly Service of Russia ruled that TGC-2 violated the Law on Protection of Competition, our lawyers prepared and filed an application to challenge the decision of the antimonopoly authority, prepared all necessary documents, and represented TGC-2 in the Moscow Arbitration Court.
- Hospitals contacted A.T.Legal regarding manipulation and obstruction of bidding by third parties in state procurement of X-ray contrast agents for intravenous and intra-arterial injection for computed tomography; these are vital means, especially in the period of the COVID-19 pandemic. A.T. Legal managed to defend the hospitals' rights before antitrust authorities, and the complaints of RUSSPROF LLC were found groundless. A.T.Legal proved the necessity of the drugs purchased. Hospitals purchased the drugs they needed to treat COVID-19, and the suspensions in the timing of tenders due to complaints were minimal.
- We drew attention to the problem and, together with Kommersant, we provoked a broad discussion involving representatives of the professional community to analyze the situation and develop effective legal and organizational measures to prevent or significantly impede the activity of professional complainants.
- Representation of company's interests in the Intellectual Rights Court in a dispute with Rospatent. It is important for Pharm-Sintez JSC to protect exclusive rights with patents for invented new methods of drug production. This project is unique because for its successful implementation we had to understand details of drug production, principles of medication action in order to convincingly prove in court independence of the invented composition, differentiate the formula from other medications with the same active ingredient.
- Pharm-Sintez JSC approached us with a case of cancelling a tender and calling a new one with a correct and up-to-date price justification. The essence of our project was a reasoned justification of the contract price and elimination of errors made by the customer. Based on the tasks set by Pharm-Sintez JSC, we were able to promptly resolve the difficulties arising from the recognition of tenders as unlawful. We were able to cancel more than 20 tenders in a period not exceeding two months. What is important, the Customers took into account the mistakes on the basis of our explanations and in the shortest possible time re-published the order on the trading platform. Thus, we were able to optimize client's financial costs for legal support, and to reduce the time to achieve results, which is a direct indicator of the effectiveness of our work.
- At the beginning of October 2020, Pharm-Sintez JSC encountered significant difficulties in selling one of its drugs under the state procurement. The reason for the problem was that the government had forcibly changed the maximum prices for the medicines, significantly lowering them in the state register of prices for vital and essential medicines. These changes were adopted in late September - early October 2020, but did not take effect until the end of the first quarter of 2021. However, state customers - hospitals across Russia - decided not to take into account that the price set in 2020 will only become relevant in 2021. On the basis of which the justification of the initial maximum prices of tenders was inconsistent with the current cost of medicines. The essence of our project was to prove out-of-court and justify mistakes made by the Client, using tools provided by Federal Law No. 44. Our goal was to cancel tenders and reopen them with correct and relevant justification of the initial price, without spending time to contest tenders in antitrust authorities or the court, via competent requests without violating the law. On the basis of questions from Pharm-Sintez JSC we were able to promptly resolve difficulties. A.T.Legal were able to cancel more than 20 illegal tenders for not more than two months.
- Resolution of issues related to participation in state tenders of a distributor/supplier.
- Representation before the Federal Antimonopoly Service and territorial authorities.
- Representation of interests in the Arbitration Court concerning participation in state tenders, invalidation of tenders, contestation of decisions of the Federal Antimonopoly Service.