FAS explained how much can you sue for inflated monopoly prices

© RIA Novosti / Igor Taraborrelli in fotobanka trial. Archival photoFAS explained how much can you sue for inflated monopoly prices© RIA Novosti / Igor Taraborrelli the image Bank

The Federal Antimonopoly service (FAS) of Russia has developed a clarification definition of the amount of damages caused by the violation of the Antimonopoly legislation, according to which citizens and organizations can obtain compensation for the inflated monopoly prices, reported RIA Novosti Deputy head of the FAS Sergey puzyrevskiy.

As told puzyrevskiy, article 15 of the Civil code and article 37 of the law on protection of competition allows the victim of antitrust infringements can recover as actual damages and loss of profits. «The amount of damages and loss of profit will be determined by the court. To receive compensation will be able to both the organization and the citizens,» he explained, noting that in Russia it is necessary to develop mechanisms for the protection of persons injured from antitrust violations.

The legal situation

For violation of the Antimonopoly legislation there are three types of legal liability: administrative, criminal and civil law, explains the Deputy head of the FAS. Administrative responsibility, according to him, today in Russia is developed better than others. «In Coupe written more or less effective mechanism for its application. On companies and officials, imposed most of the sanctions it administrative nature,» explained puzyrevskiy.

Criminal responsibility for malicious abuse of a dominant position or participation in the cartel, which resulted in the removal of large income to the intruder, continued the representative of the FAS. «The number of criminal cases, however, calculated ones, they are almost there,» he said.

As for the third type of responsibility, that person, faced with the manifestations of monopolistic activity (monopolistically high prices, discrimination in purchase of goods) actually are guaranteed to obtain compensation for damages, said puzyrevskiy.

«We are not talking about any action that is associated with inflated price. Prices may rise due to the economic processes, and if the company dominates the market, these mechanisms will not be applied. But if a company has a monopoly of the market (or has a share of more than 35%), the consumer has the right to damages», — said the Agency interlocutor.

The text of the clarifications of the Presidium of the FAS is posted on the Agency’s website. He summarizes most of the existing methods of determination of losses – both actual damage and loss of profits — taking into account Russian and foreign experience. The explanations also contain a wide judicial practice in cases for the recovery of such damages.