OREANDA-NEWS. July 25, 2012. The Head of FAS Legal Department Seregey Puzyrevsky made a report at a workshop organized by the Federal Antimonopoly Service jointly with the International Lawyers Union with participation of judicial community in Gorno-Altaisk, reported the press-centre of FAS Russia.

The report focused on some aspects of developing administrative and judicial practice after adopting the third antimonopoly package.

Among the most complex issues of enforcement of the antimonopoly law, Sergey Puzyrevsky listed:

Establishing dominant position;

Determining certain forms of abusing market dominance;

Determining cartels and other competition-restricting agreements;

Evaluating whether actions of the authorities comply with the antimonopoly law;

Determining the scope of reference of the antimonopoly bodies on suppressing violations of the antimonopoly law.

The Head of FAS Legal Department discussed the enforcement practice of the institute of warnings and cautions.

According to Sergey Puzyrevsky, the most widespread forms of violations of the antimonopoly law by the authorities at the moment are:

Adopting competition-restricting acts;

Omissions by the authorities;

Granting state and municipal preferences;

Restricting competition in tenders and auctions;

Concluding competition-restricting agreements.

The following powers are the most controversial in judicial practice:

Enquiring information and data;

Issuing determinations:

- About changing contract conditions or terminating contracts;

- About adopting, abolishing or changing a normative act by the authorities;

- About transferring income obtained as a result of violating the antimonopoly law to the budget;

Issuing warnings and cautions.