The Federal Antimonopoly Service (FAS) is an executive body whose functions include monitoring and supervising compliance with the law on competition in markets of various levels, including financial. Next, the functional, rules and requirements of applying to the FAS, the mechanism of action will be considered.
Before the Federal Antimonopoly Service there was the State Committee of the RSFSR, which dealt with antitrust policy and supported the creation of new economic structures. The number of employees then reached 150 people. On September 22, 1998, a new committee was formed, which operates to this day. The number of staff is 1189 people, and in regional headquarters - up to 2315 people.
What is included in the main functions of the service?
1. Monitoring of compliance with antitrust laws, which also includes the electricity market, control over the use of land and all types of natural resources.
2. Supervision and control over compliance with the legislation on natural monopolies.
3. Supervision and control over the correct implementation of the law on advertising.
4. Supervision and control over the sphere of procurement of goods, work and various services providing state and municipal needs.
5. Supervision of compliance with the law on state defense orders.
6. Supervision of the correct implementation and compliance with the law when foreign investment capital flows into business entities that are strategically important and ensure the country's defense, including state security.
The main reasons for filing complaints
Most often, the discontent that led to the need to complain is provoked:
- Certain unlawful actions of competitors restricting rights.
- Illegal actions of the customer that do not comply with the law in the state and commercial orders (rejected the tender, declined to sign the contract, auction documentation does not meet the requirements of the law).
- Illegal actions of state bodies and a certification and examination center.
- Other violations not related to the tender.
Complaint Method
The Federal Tax Service of Russia, as well as its regional bodies, can initiate a case of unlawful actions at the request of an individual or legal entity, according to law enforcement agencies, according to the media or on their own initiative in case of violations after an internal audit.
The FAS complaint, preparation, deadlines for filing and reviewing and other important aspects are regulated by law.
The complaint is filed in Russian, while it must be supported by the evidence base of offenses with the application of all necessary documents and the relevant information contained therein to initiate proceedings. Typically, a complaint is submitted in writing, it is also possible to file in electronic format, provided that the authorized person has an electronic signature (EDS) with which he can sign such a statement. Further, we will focus on the complaint in the FAS, the deadlines for submission and consideration.
FAS Complaint Rules
They are as follows:
The name, postal address, telephone number of the person or body to which the complaint is filed must be indicated.
It is necessary to indicate the full name, as well as information about the place of residence for the individual or the name of the organization, as well as the place and date of registration of the legal entity that is preparing to file a complaint. You should also provide information on the postal and electronic address, contact phone number and, if available, fax.
The order that was placed. An exception in this situation is the appeal of the actions or omissions of the operator of the electronic site.
Indicate all arguments, justify the complaint.
Attach the entire list of required documents.
All information on how to file a complaint with the FAS is included in the state registry of the EIS (unified information system), to which all participants in the process have access.
Possible deadlines for filing a complaint
There are strict deadlines for handling complaints with the FAS. Even if there is a full evidence base of all the necessary documents, complaints may be refused if the application is sent out of time.
A complaint to the FAS is filed no later than 10 (ten) days, which are counted from the moment of posting on the main site of the application review protocol or evaluation when comparing applications for participation in the tender, provided that it is a tender. It can also be an auction protocol, provided that it is an open auction, or when the tender or auction is declared invalid, the corresponding protocol.
Individual cases
If it is a closed tender or auction, the time for consideration of a complaint to the FAS is no later than 7 (seven) days, which are counted from the moment the auction or tender minutes are posted on the official website.
When a complaint is filed in connection with the action or inaction of the operator of the trading platform, which is associated with the accreditation of a participant in a placed order on this platform, then it is filed within 30 (thirty) days from the date of the action or inaction
When they appeal against actions that occurred after opening the envelope (as an example, when requesting quotes), only the participant who submitted the application can act as the sender of the complaint.
Terms of consideration
From the day of filing, the term for consideration of a complaint to the FAS is within two business days. The supervisory authority makes a decision to return the application or to accept it for consideration. The result of the decision result on the application may be the following decision: unreasonable claim, partially justified or justified. In the case of a positive decision to accept the complaint for further investigation, a message is sent to the applicant and the customer, which indicates the place and time. A five-day deadline for the consideration of complaints by the FAS from the date of their receipt is set aside.
The commission considers the case within a period not exceeding three months from the date of the adoption of a positive decision on further investigation. In some cases, the Commission extends the period, but not more than six months. Typically, this happens when the antitrust service requires additional information. The fact that the antimonopoly service extends the period of the audit is notified in advance to the persons involved in the case by sending a copy of the decision within three business days. And also, if necessary, notify about this persons who are additionally involved as experts, translators and people who have additional information about the case under consideration.
Review Procedure
In order to ensure the conditions for a complete and comprehensive complaint process, the FAS connects the head of the commission, who chairs the meeting. The case at the meeting is considered with the main participants in the process, as well as other persons who were involved in addition to the consideration and study of this material by notifying them of the place and time of this meeting. The antimonopoly service may also send such notifications in writing.
During the consideration of the case, a protocol is kept, and after the end of the meeting, it is signed by the chairman of the commission. All cases conducted by the Federal Antimonopoly Service are recorded either by verbatim recording or by audio recording - the decision remains with the commission. The main task is to make a note in the protocol that certain technical means of recording were used during the meeting.
Variability of FAS decisions
After consideration and detailed study, as well as after the expiration of the consideration of the complaint to the FAS, a decision is made that contains:
- the basis or lack of grounds for terminating further consideration of the case;
- the final conclusion on the presence or absence of violations of antitrust laws in the action (inaction) of the defendant;
- making a decision to issue or not to issue an order with an attached list of necessary actions to be performed;
- a conclusion about the degree of need for other measures, namely, to refer the case to the court and law enforcement agencies;
- general conclusions about violations of antitrust laws, made on the basis of the process.
Based on the results of all events, meetings, observance of the deadlines for considering the complaint in the FAS and the decisions made, the organization in question issues an order to the defendant in the case, which includes the following points: describes the actions that the defendant must carry out, as well as the timing for fulfilling such an order.
Finally
The main task of the FAS Russia is to ensure free competition, to limit monopolistic activity throughout the state. The activity of the Antimonopoly Service is aimed at improving commodity and financial markets by suppressing behavior that contradicts healthy competition, the dominant position of one over the other, “cartel conspiracies”. Also take actions aimed at preventing anti-competitive interference in the process of functioning of the markets of state authorities and local authorities. Thus, the work of the service is aimed at improving, strengthening and healthy development of the market system and the economy of the state as a whole.