The role of the EU courts in the control over concentration

The article “The role of the EU courts in the control over concentration” was published in the issue No. 3/2013 of the Legal Insight magazine. The article deals with the European experience of contesting the decisions of antitrust bodies in courts, the criteria and procedures used.

Advocate Arthur Rokhlin, Partner of the Law Firm "YUST":

“Projecting the European experience on the Russian realities”

The basic idea of the authors of “The role of the EU courts in the control over concentration” is the following: economic subjects that are interested in a more balanced, economically viable and just antitrust practice may actively influence the process by resorting to courts and by proving the legality of certain courses of actions in trials. Such idea is substantiated by practical examples from the activity of the European Commission and the EU Tribunal on the matters related to the control over market concentration. If we project this conclusion over the Russian legal reality, we may agree with the following: the existing judicial approaches, which correct the practice of law-applying bodies, have a significant role in the application of law, and the Federal Antimonopoly Service of Russia, being interested in a uniform application of the laws, including by its territorial departments, closely watches those court acts as interpret the antitrust legislation in new ways…

The full version is available in issue No. 3/2013 of the “Legal Insight” magazine.