+7 (495) 93 77 123

Key contacts

Yaroslav Kulik

Partner, Advocate, Head of Competition Practice, Head of South Korea Desk

e-mail: Kulik@artdelex.ru

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Kirill Dozmarov

Advocate, Head of Competition Practice group

e-mail: K.Dozmarov@artdelex.ru

Competition Regulation

Pravo.ru-300, a Russian site that rates law firms, places ART DE LEX in its Tier 1 category, recognizing it as one of the best law firms in Russia in the field of competition law. Chambers Europe lists the Competition Practice of ART DE LEX among its noted firms.

ART DE LEX is a partner for active market players who strive to prepare their businesses for the future. Many of our clients have enterprises that enter new markets, develop distribution networks, or plan strategic investments. They engage in entrepreneurial activities, both in the private sector and in businesses that fulfill government contracts.

ART DE LEX provides its clients with a full range of services dealing with antimonopoly legislation, regulations pertaining to foreign investment in companies of strategic importance, legal matters dealing with contracts and procurements for certain types of legal entities, as well as trade and advertising requirements that the Federal Antimonopoly Service administers.

The practitioners at ART DE LEX have considerable experience with antimonopoly bodies, law departments of large Russian companies, and independent law firms, and they constantly improve their knowledge in the field of law and economics. Many of them are active participants in the Association of Antimonopoly Experts, the main organization of professionals in the field of antimonopoly regulation and policy, and they serve on various expert councils of FAS Russia.

Close interaction with specialists from other practices within the firm have provided the attorneys of the ART DE LEX Competition Practice with a deep knowledge of many commodity markets. This enhances the quality of the legal expertise we provide our clients.

ART DE LEX also helps clients minimize the negative consequences of antimonopoly legislation infractions, and it protects the interests of those whose rights have been violated.

  • Advising and protecting clients dealing with antimonopoly authorities
    • analyzing requests from antimonopoly bodies for documents and information regarding legal compliance and drafting responses to antimonopoly authorities
    • counseling and representing clients when antimonopoly authorities conduct planned and unscheduled inspections
    • protecting clients who have violated antimonopoly legislation or other administrative provisions and preparing applications for mitigation and exemptions
    • protecting clients’ officials during pre-investigation checks, investigations, and criminal cases dealing with cartels
    • preparing requests to FAS Russia for clarifications of legislation
  • Advice about compliance with the law on the protection of competition
    • conducting audits of companies
    • developing business models, trade policies, compliance policies, dealer and distribution agreements, exclusivity agreements, joint activity agreements, and other types of documents to comply with antimonopoly legislation requirements
    • coordinating draft policies and agreements with the antimonopoly body
    • providing general counsel and preparing legal opinions
    • conducting training seminars about compliance with antimonopoly legislation
  • Consultation in the field of contract legislation and regulations related to the procurement of goods, works, and services by certain types of legal entities
    • drafting of recommendations for improving the efficiency of procurement activities
    • developing procurement documentation and procurement provisions as well examining and preparing applications for participation in supplier selection procedures
    • representing clients before FAS Russia and its territorial offices in matters related to complaints and violations of antimonopoly requirements for trading.
    • representing clients in cases related to invalid tenders and contracts as well as challenging the decisions and orders of FAS Russia and its territorial offices
    • conducting training seminars for customers participating in supplier selection procedures
  • Advising on the application of advertising legislation
    • verifying promotional materials as well as internal documents related to advertising and marketing activities for compliance with advertising legislation
    • drafting recommendations related to the unreliable and unfair advertising of competitors
    • representing the interests of clients before antimonopoly bodies, including the preparation and filing of documents related to violations of advertising legislation
    • conducting training sessions about compliance with advertising regulations pertaining to the development and dissemination of promotional materials
  • Services in the field of pricing, tariff regulation, and economic analysis
    MAIN SERVICES

    • expert opinions on cost optimization in regulated and unregulated markets

    • costs analysis and possible approaches to pricing

    • completion of tariff applications, including justification materials

    • support for disclosing information about regulated activities, in accordance with legislative requirements

    • submission of tariff applications and support for open tariff business

    • advising clients and defending tariff applications before regulatory bodies and before FAS Russia

    The list of services above is the minimum required for representing and defending a standard case before FAS Russia for establishing or changing a tariff.

    ADDITIONAL SERVICES AND CONSULTING

    ART DE LEX offers clients even more comprehensive services in the area of tariff counseling:

    • comprehensive economic and antimonopoly audits of existing pricing policies and practices in unregulated markets, along with the development and harmonization of such policies with antitrust authorities

    • expert consulting on pricing and on interactions with regulatory bodies, including the preparation of responses to requests for information

    • skillful protection of the interests of clients who are undergoing investigations and who are dealing with cases involving violations of antimonopoly legislation, such as the establishment of monopolistically high prices or the violation of the pricing procedures

    • comprehensive preparation and filing of applications with the antimonopoly authority for establishing tariffs or for modifying previously approved tariffs as well as the preparation of objections regarding the amount of an approved tariff

    • effective protection of the interests of regulated entities and consumers in court when challenging the decisions of regulatory bodies on the application, introduction, and modification of tariffs or when responding to decisions reached during pre-trial dispute resolution procedures

    • thorough evaluation of reports on the state of competition in commodity markets that the antimonopoly authorities have prepared

  • Protection in court cases related to antimonopoly legislation
    • challenging normative legal acts restricting competition, normative legal acts, along with the decisions, actions, or inactions of public authorities
    • challenging warnings, decisions, orders, as well as other acts and actions of antimonopoly bodies
    • advising clients concerning the legal consequences for violating antimonopoly legislation
    • representing clients seeking compensation for losses resulting from violations of antimonopoly legislation, including the use of alternative private-law means of protecting clients’ rights and economic interests
  • Advising on the structuring of transactions related to economic concentration, including international mergers and acquisitions as well as investments in companies of strategic importance
    • obtaining approvals for transactions from FAS Russia and the Government Commission for Control over Foreign Investments
    • preparing motions to have FAS Russia and the Governmental Commission for Control over Foreign Investments approve transactions
    • interacting with FAS Russia during the process of coordinating transactions, including those involving antimonopoly economists
  • Organizing, advising, conducting, and participating in bids
    • providing support to bidders and organizers of tenders and other competitive procedures during the organization and conduct of trades (44-FL, which is the law on government procurement; 222-FL, which is the law on the taxation of small businesses; privatization procedures; concessions or other public-private partnership agreements; and leasing state property), including the examination and development of tenders, the verification of draft protocols and decisions related to the bidding process, and the protection of customers and auction organizers when handling the complaints of antimonopoly authorities
    • supporting participants in the selection, bidding, and other procedures for concluding contracts, including the analysis of bidding documents, drafting requests for clarifications, drawing up and verifying bids, and advising on tenders
    • preparing complaints about customers, auction organizers, commissions for the conduct of trades, and operators of electronic platforms as well as representing clients before FAS Russia and its territorial offices in the consideration of complaints
  • Advising on the application of trade law
    • representing economic entities that carry out trade or supply food products with regard to trade agreements, food supply contracts, provision of paid services for compliance with the law on trade, draft contracts for supplying food products, and remuneration for the provision of services.
    • coordinating draft distributor agreements with FAS of Russia as well as the preparation of applications to FAS Russia and its territorial bodies for violations of trade law
    • representing clients before FAS Russia and its territorial offices in cases of trade violations and administrative responsibility and when antimonopoly authorities conduct planned and unscheduled inspections to ensure compliance with the law on trade

The experience of ART DE LEX lawyers in the field of competition practice includes:

  • Protecting the interests of a large producer of confectionery products before the antimonopoly bodies and arbitration courts against unfair competition from another major producer
  • Protecting the interests of the largest producer of coke and chemical products in Russia before the FAS Russia after its main buyer abused its dominant position when concluding a supply contract, the result of which was a new agreement mutually beneficial to the parties
  • Protecting the largest seaport terminal operator before FAS Russia in a case that alleged the firm had established monopolistically high prices for container loading and unloading.
  • Protecting of one of the largest metallurgical enterprises of Russia in the course of a FAS Russia investigation to determine compliance with antimonopoly legislation in setting prices for products
  • Protecting an international maritime carrier before FAS Russia during an antimonopoly investigation that alleged the existence of an international cartel
  • Conducting a legal audit of the advertising campaign of an international manufacturer of FMCG for compliance with advertising legislation requirements
  • Developing and implementing internal policies for the largest automotive distributor in Russia to minimize antimonopoly risks
  • Protecting the interests of one of the largest machine-building plants in Russia during preselection and bidding for contracts in various regions of the Russian Federation to undertake capital repairs
  • Representing the interests of one of the largest railway rolling stock operators in Russia during FAS Russia inspections
    Representing and protecting the interests of a shareholder of a large mining enterprise against a foreign investor in connection with antimonopoly violations related to foreign investments when acquiring a controlling stake in strategic economic entities
  • Structuring a transaction for a foreign investor acquiring a controlling stake in an enterprise that uses a subsoil block (a large gas condensate field) with potential unexplored gas reserves of more than 50 billion cubic meters
  • Protecting the interests of one of the largest transport holdings firms for freight logistics in Russia, the CIS, and the Baltic States in a court case involving an anti-competitive agreement with the public authority
  • Protecting the interests of a large machine tool holding company in a court case that ensued after its customer, a large state company, violated antimonopoly trade requirements and restrictions on products originating from a foreign state when fulfilling state defense orders
  • Structuring a distribution and franchising agreement for Russia’s largest national distributor of goods for children and young mothers
  • Protecting the interests of one of the largest suppliers of fish products in Russia before the FAS Russia in a series of cartel cases that resulted in the termination of all legal requirements to the client and the negation of a negotiable fine in excess of USD 14 million.
  • Advising one of the leading stevedore services companies when constructing customer discounts
  • Protecting the interests of a chemical products manufacturer before FAS Russia in a case dealing with the restriction of competition in the commodity market worth approximately RUB 10 billion
  • Developing business models for one of the largest international stevedore services holding companies that is active on the territory of the Russian Federation
  • Protecting the interests of a major confectionery manufacturer in a court dispute with the antimonopoly authority pertaining to unfair competition
  • Protecting the interests of a large construction company in the field of infrastructure construction before FAS Russia in connection with a state company’s violation of the bidding rules for concluding a concession agreement for the construction and operation of the largest road facility in the Moscow region
  • Advising a major participant in the market of telematic communication services about structuring a joint venture for lending to subscribers of cellular operators
  • Advising a major foreign automaker on the conclusion, execution, modification, and violation of the distribution agreement
  • Advising one of the world leaders in the provision of telematic communication services on a USD 480 million merger transaction outside of the Russian Federation
  • Conducting an antimonopoly audit of one of the largest Russian holdings in the construction of communication networks
  • Coordinating with FAS of Russia about reorganizing one of the largest Russian companies in the field of engineering, installation, and maintenance of communication networks with the accession of a third party group
  • Reaching an agreement with FAS Russia on the concentration of assets of one of the largest Russian companies in the field of infrastructure construction whose market value, according to independent sources, is about USD 950 million
  • Protecting the interests of a major construction company before the FAS Russia in a dispute with a leading Moscow infrastructure company over an alleged violation of antimonopoly requirements in trades worth more than RUB 2 billion
  • Protecting the interests of one of the largest construction companies of the Moscow region before the antimonopoly authority over allegations of collusion in electronic trading that resulted in the dismissal of the case and the overturning of an administrative fine of RUB 500 million
  • Protecting a pharmaceutical manufacturer in a court case that overruled the decision of the antimonopoly authority and cleared the firm of charges of having concluded agreements that had restricted competition
  • Winning the approval of the antimonopoly authority for an investor’s acquisition of the main production assets of an international airport in order to construct a new air terminal
  • Winning the approval of the antimonopoly authority for a foreign investor’s acquisition of more than 50 percent of the shares in an alcohol-production plant
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