BGP Litigation associates have profound expertise in: providing support in legal disputes pertaining to antitrust regulation; representing clients during the course of proceedings conducted by antitrust authorities; public procurement; obtaining required approvals for mergers, acquisitions and market concentration including in relation to strategic enterprises and under the advertising law and the investment in strategic enterprises law.
Services offered by BGP Litigation also include development of corporate antitrust risk prevention systems (antitrust compliance) and representing clients in cases of unfair competition.
As regards to antitrust regulation issues, BGP Litigation offers the following legal support services:
Representing companies in antitrust authorities, preparation and filing of claims of violation of antitrust and advertising laws
Providing legal advice on building dealership networks / distribution chains
Review of agreements and commercial and bonus policies in terms of conformity to antitrust laws
Legal due diligence of businesses with a focus on their compliance with antitrust laws (antitrust audit).
BGP Litigation conducted an antitrust audit to identify the risks related to entering into an asset acquisition transaction without a prior approval from the FAS of Russia, as well as the risks of withdrawal from the Russian market of the products produced by the purchased asset. The Firm’s lawyers evaluated the risks and advised the client on how to mitigate or entirely eliminate them.
BGP Litigation was requested to represent the interests of the largest automobile corporation during the unscheduled inspection of the FAS Russia aimed at the detection of violation of antimonopoly legislation.
Situation:
The BGP Litigation team followed up the inspection of the client carried out by the antimonopoly body. The BGP Litigation lawyers were present during the on-site inspection, monitored the legality of the actions of the FAS Russia officials.
After the on-site inspection, we analysed and checked all documents and information copied by FAS Russia officers for potential risks of violation of antimonopoly legislation in order to develop a future strategy of interaction with the FAS Russia and protection of rights and legal interests of the clients.
Result:
As a result of the inspection, the FAS Russia Inspectorate drew up a report indicating elements of antitrust legislation violation, specifically, unlawful coordination of economic activities.
After the analysis of the inspection report and the documents specified in it, the BGP Litigation team drew up appropriate appeals against the Act, collected evidence that our client did not violate the antimonopoly legislation. Subsequently, the FAS Russia did not make the decision to initiate a case of violation of antimonopoly legislation in relation to the client.