Discussed intricacies of penalizing antitrust law infringements by the Russian Supreme Court.
The Russian Supreme Court (SC) has weighed in on the realm of antitrust practices, shedding light on potential violations of antimonopoly legislation that may lead to sanctions, a revealing report by "Kommersant" attests.
Point 7 of this report brings attention to the consideration of a dominant subject's legitimate interests when evaluating potential abuse. The court considers these interests to be universal market rights that all participants can exercise, irrespective of their standing in the market.
Adhering to this ruling, the SC cautions that, in instances of market violations involving multiple subjects, the antitrust authority should assess these actions comprehensively, rather than targeting specific subjects selectively.
Point 9 emphasizes the requirement for the antitrust body to provide evidence of negative consequences stemming from business actions.
The report also tackles abuses by dominant subjects towards their market counterparts, discussing potential penalties in retail and wholesale scenarios.
Central focus is given to procedural aspects and adherence to procedural requirements. Point 19 confirms that tax authorities and banks cannot be held accountable for failing to share documents and information jeopardizing banking or tax secrecy with the antitrust body.
In addressing new provisions, the SC has expressed its stance on managing organizations (UK) in the housing construction sector, asserting that these entities may be subject to antitrust restrictions and "turnover" fines if they obstruct market operators' access to common property within a house.
Though specific court decisions on this matter pertaining to managing organizations in housing construction haven't surfaced, understanding the broader context is crucial. The Federal Antimonopoly Service typically governs antitrust laws in Russia, and in the context of housing construction, managing organizations like UKs play pivotal roles in management and maintenance, making their actions subject to scrutiny under these regulations. Relevant court decisions or legal analyses specific to this area would offer the latest and most accurate information.
- The Supreme Court's ruling, as detailed in Point 7, highlights the evaluation of potential abuses by dominant subjects, considering their legitimate interests as universal market rights.
- In instances of antitrust violations involving multiple subjects, the court emphasizes the necessity for comprehensive assessments, instead of selective targeting.
- Point 9 of the report stresses the importance of the antitrust body providing evidence of negative consequences resulting from business actions before impose penalties.
- The report underscores the significance of procedural adherence, confirming that tax authorities and banks are not liable for withholding documents and information that threaten banking or tax secrecy with the antitrust body.
