Complaint to Federal Antimonopoly Service

The activities of the Federal Antimonopoly Service of  Russian Federation (FAS) are aimed at ensuring fair competition conditions for all market participants. It benefits both ordinary citizens and legal entities. The benefit for the average person is to prevent possible price fixing or imposition of additional services. The benefit for legal entities is to prevent the dominant position of a company on the market or the provision of state preferences to it.

Of course, the antimonopoly service is not able to monitor the activities of all market participants. Interested persons have the opportunity to draw attention of FAS to the existing violation by preparing and filing a complaint according to established rules. Such document is a declaration of protection or restoration of the violated rights, freedoms or legal interests of the applicant. The complaint to FAS can be submitted by the interested person independently or with the help of an attorney. There are several types of such applications depending on the type of rights violated.

Types of appeals to FAS

The applicant has the right to send to the Russian FAS and its territorial bodies:

• a complaint, a request to restore or defend violated rights, freedoms or legal interests of the applicant;
• an application - a request for assistance in constitutional rights and freedoms implementation, or report on the violation of laws and other regulatory legal enactments, disagreement with the activities of the Russian FAS, its territorial bodies and officials,
• an offer - recommendation on the improvement of laws and other regulatory legal enactments, activities of the Russian FAS and its territorial bodies, development of public relations, socio-economic and other fields of the state and social activities;
• Other appeals to the Russian FAS.

Types of complaints to FAS:

• Complaint to FAS on the violation of law in the conduct of a tender or auction. Filed in case of violation of the law on procurement or antimonopoly legislation in the implementation of procurement procedures. Appeals, qualified as a complaint on the  violation of the law on the contract system in the procurement field are considered by the central office of the Russian FAS and its territorial bodies.
• Filing of a complaint to FAS against the state customer actions. If unlawful actions on the part of the customer or the auction organizer are identified it is also possible to draw up and file an application to the antimonopoly service.
• FAS complaints against subjects of natural monopolies. You should submit an application to the antimonopoly service if there is an evidence of violation of fair competition rules between natural monopolies. Namely: imposing unprofitable contractual conditions, unreasonable price changes, termination or reduction of the supply of goods, creating obstacles or restrictions for market participants, etc.
• FAS complaint for advertising materials. Drawing up an application is required in case of violation of advertising legislation. In particular, it is possible to file a complaint to FAS if the advertiser provides inaccurate information or the information contained therein is incorrect and may mislead the consumer. You can also make an application in case of violation of the current procedure for placing outdoor advertising.
• Other complaints to FAS in accordance with the current antimonopoly legislation.

Preparation of an application to the antimonopoly service requires accuracy and knowledge of the antimonopoly legislation and public procurement laws specifics. Violation of the deadline or the procedure for filing a complaint may lead to its rejection. Any negligence in the execution can be the benefit of the opponent while further consideration of the complaint in FAS.

How to file a complaint to FAS

• The complaint to FAS shall be accompanied by documents that confirm the reliability of the facts stated therein. You should also specify the list of such documents.
• The complaint to FAS shall contain references to regulatory enactments that confirm your point of view.
• Information about the company or applicant shall be provided.
• It is very important when filing a complaint to comply with the submission deadline.
• You can send a registered letter to the Russian FAS central office in Moscow (D-242, 11 Sadovaya-Kudrinskaya Street). You can also file a complaint to FAS through the territorial authority of the antimonopoly service. The specific address of the branch in your city can be found on the Internet.
• If you want to send a complaint by courier, ask him to get a documents delivery stamp on the return copy of the application.
• Using the post office services you should request a documents receipt notice.

If you need help in drawing up or filing a complaint, legal company Prime Legal LLC offers qualified legal support at all stages of the procedure. We have been working in this field for more than 10 years. The filing of complaints to FAS on any issues, including municipal and state orders, tenders, unfair advertising and other fields is the specialization of our company. We offer the following services:

• providing written or oral consultations on the preparation of complaints about violations in the field of bidding and the implementation of municipal and public procurement;
• legal analysis of tender documentation;
• preparation of a legal conclusion and analysis of the possibility to file a complaint to the antimonopoly service.
• formation of a legal position;
• preparation of complaint and evidence documentation to FAS;
• legal support, including representation in FAS;
• appealing the decision of the antimonopoly service in the arbitration court;
• other legal services.

You can write to us right now if you need to file a complaint to FAS or to get legal consultation on the antimonopoly legislation of the Russian Federation.