support during the audit of antitrust authorities
Regardless of the form or type of audit, the moment of audit is psychologically difficult for the enterprise. Therefore, it is advisable to take care of the legal support in advance as part of the audit of the antitrust service. Employees of DTK Partners will help to adequately pass the audit with minimal losses.
Types and forms of antitrust audit
Federal Antitrust Service FAS carries out the following types of inspections of organizations:
- Planned. It is carried out by prior notice every 3 years. The term starts from the date of registration of the enterprise.
Important! You can always find out the duration of the current audit in the public domain on the website of the FAS RF and the General Prosecutor’s Office. 3 days before the start of the inspection, your company will receive a notification.
- Unscheduled. The reason for the unscheduled inspection is a report on violation by the enterprise of antitrust laws. If the signal concerned the execution of an agreement violates the terms of competition, the manager does not receive a notification. For other information, the message arrives within 24 hours.
The forms of audit by:
- Documentary. The organization provides the FAS office with the necessary information. Verification is carried out exclusively based on requested documents. Inspectors do not visit the company in person.
- Field audit. If it is impossible to fully assess the situation using documents, then specialists visit the organization at a legal or actual address.
Legal services in support of FAS inspections
A qualified antitrust lawyer will provide the following services:
- help to prepare documentation for the audit;
- represent the interests of the principal in the FAS branch;
- appeals against the unlawful decision of the supervisory authority to a higher organization;
- challenge the act in court;
- conduct an antitrust audit of the enterprise;
- advises on antitrust and advertising law.
Services can be provided both singly and comprehensively. DTK Partners can undertake ongoing support of your company in the field of antitrust law.
Appealing a decision to a higher authority or to a court
The result of the audit is the execution of the act. The document is compiled in 2 copies. One remains with the FAS, the other is transferred to the head of the enterprise. If you do not agree with the decision of the FAS specialists, then the document may be challenged.
The law provides for the possibility of appealing against an inspection report in the following ways:
- To a higher authority. This option will not cancel the decision. But it is suitable for punishing illegal actions of specialists, with falsification and incorrect interpretation of the enterprise.
- Through the court. In court, you can appeal the facts of abuse of authority by specialists, incorrect performance of their functions.
Assistance to DTK Partners on support of antitrust audit
Specialists of the DTK Partners Law Agency carry out their activities in Moscow and abroad. They have significant experience in supporting FAS audits. Lawyers will help prepare the documents for the visit of the supervisory authority and will facilitate the appeal of the illegal decision.
Regardless of the option chosen, to satisfy the requirements, you will need to prepare a strong evidence base. Otherwise, the decision of the court or a higher authority will not be in favor of the applicant. Employees of DTK Partners will not only prepare documents and draw up a lawsuit, but will also represent the interests of the principal in court.