On May 23, 2017, VEGAS LEX hosted a roundtable on Defence strategies in competition abuse cases for Russian and foreign companies.
Alexandra Vasyukhnova, VEGAS LEX Partner, Head of Technology and Investment group, discussed some practical aspects of interacting with FAS Russia at the stage of antimonopoly proceedings, including ways to protect corporate information about business activities, and the limits and ways of making the case and building evidence the FAS uses. She also gave a number of recommendations on minimizing the risks from her own legal experience.
Anastasia Cheredova, Commercial group associate, focused on analyzing the most common violations in abuse of dominant position cases, drawing attention to the fact in proof in each category of cases, and the developed approaches to assessing the behavior of dominant players. Using specific cases, she proposed strategies and arguments that can be used by companies depending on the circumstances of a specific dispute. Evgeniy Rodin, Partner, Head of Energy practice, further spoke about the peculiarities of antimonopoly proceedings in the field of resource supply in the absence of competition.
Ksenia Podguzova, Commercial group associate, explained to the participants how the FAS and other participants of the proceedings use economic analysis to prove their position in cases of abuse of dominant position. She thoroughly discussed how antimonopoly authorities conduct competition analysis, what additional economic arguments can be used, and how economic expert examination is organized, concluding that economic analysis certainly plays a key role in considering abuse of dominant position cases.
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