Services
- Procurement under Federal Laws 44-FZ and 223-FZ
We help customers and suppliers successfully participate in government and corporate procurement, minimizing the risks of procedure cancellations and inclusion in the Register of unfair suppliers. Our practice includes support at all stages – from developing a procurement plan and schedule to challenging protocols and decisions of regulatory authorities. We take into account the latest clarifications from the Federal Antimonopoly Service, judicial practice and the specifics of working on digital procurement platforms.
This is one of the riskiest areas for business: liability for cartel agreements can include fines of up to 50% of revenue and criminal liability for executives. We have experience in dozens of cases, from defending «test purchases» to participating in liability exemption proceedings. Our strategy is built, among other things, on proactively preventing infringements through training and internal investigations.
Inspections are often the first sign of serious risks, especially if they are initiated by complaints from competitors. We support clients through all stages of the inspection process. Important: a well-designed strategy at an early stage can prevent legal action.
Antitrust compliance is a living system that minimizes risks and fosters a corporate culture of fair competition. We conduct audits tailored to industry specifics (from FMCG to energetics), identify problem areas and implement adapted procedures, including employee training and regular performance assessments.
- Advertising and Unfair Competition
Advertising is a powerful marketing tool, but errors in wording or comparisons can easily lead to complaints and fines. We help clients build claims-resistant communications: from reviewing advertising campaigns and packaging to defending against competitors in disputes with the Federal Antimonopoly Service, the courts, and Russian consumer protection agency Rospotrebnadzor. We pay particular attention to the digital environment, influencer marketing and comparative advertising.
- Abuse of a Dominant Position
The definition of dominance and its «abuse» is an area of heightened uncertainty: even standard commercial practices (discounts, logistics conditions and counterparty selection) can be classified as an infringement. We analyze market position, help adjust contractual policies and pricing and, if a dispute is initiated, build a defense based on economic analysis and industry specifics.
Changes in antitrust, procurement and related legislation occur almost monthly, and their consequences can be devastating to a business model. We monitor legislative initiatives at the development stage, provide forecasts of their impact on the industry and clients, participate in expert discussions and prepare proposals for government agencies. This allows our clients to stay one step ahead of regulatory changes.
- Challenging decisions and orders of antitrust authorities
We have successful experience of challenging both on formal grounds (failure to comply with deadlines and procedures) and on the merits, involving economists, marketing experts and market analysis. Our cases constitute a positive precedent.
- Preventing inclusion in the Register of unfair suppliers
Being included in the Register of unfair suppliers is effectively a «blacklist» for public procurement for two years or more. We act promptly: even at the stage of identifying an infringement (for example, avoiding a contract), we help formulate a justification, prepare evidence and, if necessary, challenge the commission's decision.
- System of Local Regulatory Acts
An updated, harmonized structure of internal documents can serve as an optimal tool for optimizing business processes and managing regulatory risks. We develop actionable, practical policies, regulations, instructions and more, moving away from ready-made solutions: from antitrust compliance regulations and pricing policies to internal standards for working with counterparties and advertising. All documents are tailored to the actual needs of the business, are coordinated with relevant departments and are supplemented with practical guidance.
- Economic expert study and research of relevant commodity markets
A detailed study of commodity markets using the FAS Russia methodology can serve as an important tool both when filing complaints to the FAS Russia regarding infringement of antitrust and procurement laws, and when defending against unfounded claims from the antitrust authority. The results of such research can be used as key evidence in cases of cartels, abuse of a dominant position and unfair competition, and can also be useful in legal challenges to non-regulatory acts of the FAS Russia and even in criminal investigations.
Expertise
Protecting the interests of the distributor «Akselpharm» in a dispute with the Federal Antimonopoly Service and Novartis
Description:
We are representing the interests of a major distributor, «Akselpharm», in a precedent-setting antitrust dispute. FAS Russia compelled the client to cease sales of the «Ruxolitinib» medicinal product and transfer over 960 million rubles to the federal budget—an amount comparable to its annual revenue. The global pharmaceutical giant «Novartis» is representing the FAS in the case.
Result:
Our lawyers developed a comprehensive defense strategy integrating antitrust and patent aspects. We are challenging the regulator's decision in the Moscow Arbitration Court, seeking its complete overturn. Success in this case is critical not only for the client's financial stability but also for preserving their business reputation. This project has significant social repercussions, as its outcome will impact the market availability of the medicinal product.
Comprehensive protection for «Akrikhin»: overturning a 578 million rouble fine in a FAS case
Description:
We defended the interests of one of Russia's leading pharmaceutical companies in a complex antitrust dispute brought by the international corporation «AstraZeneca». The Federal Antimonopoly Service of Russia recognized our client's actions in selling the «Fordiglyph» medicinal product as unfair competition due to the allegedly illegal use of an invention under an additional patent and obliged the company to transfer 577.7 million roubles to the budget.
Result:
ZTG lawyers developed a comprehensive strategy that successfully challenged the regulator's decision. As a result, the Moscow Arbitration Court fully satisfied our claims, overturning the multi-million rouble fine. This victory allowed the client to avoid significant financial losses and protect its market position. This success was upheld in the appellate court, which confirmed the legality of our position. This precedent demonstrates our effectiveness in protecting businesses from major claims, even in disputes with global players.
Protecting «Akselpharm» business: completely overturning a 567 million rouble recovery and restoring its business reputation
Description:
We defended the interests of the distributor «Akselpharm» in a high-profile antitrust dispute. The Federal Antimonopoly Service of Russia ordered the company to cease sales of the «Osimertinib» medicinal product due to the alleged illegal use of an invention under a Eurasian patent and to transfer 567 million roubles to the budget, which jeopardized both the client's financial performance and market position.
Result:
Our lawyers developed a comprehensive strategy that successfully challenged the regulator's decision. This result allowed «Akselpharm» not only to avoid catastrophic financial losses, but also to restore its business reputation after widespread media attention. This success confirmed the legitimacy of the client's business model and preserved access to an important medicinal product on the Russian market.
Protecting the interests of «Euroservice Firm» JSC: preventing an antitrust case at the pre-trial stage
Description:
We defended the interests of «Euroservice», a pharmaceutical company with 30 years of experience and a well-developed pharmacy network. The case arose from a request from the Voronezh Office of the Federal Antimonopoly Service based on a competitor's claim that the client's participation in an electronic auction was declared illegal due to patent infringement on the «Fordiglyph» medicinal product.
Result:
Our lawyers promptly prepared a comprehensive response to the regulator with a detailed legal justification for the legality of the medicinal product sale. As a result, we successfully secured a complete dismissal of the administrative proceedings. This allowed the client to avoid not only a potential multi-million dollar fine, but also significant reputational damage. Success was achieved at the pre-trial and even pre-administrative stages, saving the company significant time and financial resources.
Protecting «KRKA-Rus» business: preventing the collection of 2 billion roubles in a precedent-setting antitrust case
Description:
We defended the interests of «KRKA-Rus» pharmaceutical company in a precedent-setting dispute with the Federal Antimonopoly Service of Russia. The regulator found the company to have infringed antitrust laws in selling the cardiology medicinal product «Ko-Dalneva» and demanded that the proceeds from its sale—approximately 2 billion roubles—be transferred to the federal budget.
Result:
Despite the client's conviction as an infringer, our lawyers achieved a key victory at the administrative stage: the FAS did not issue an order to collect a multi-billion-rouble sum. Furthermore, we minimized administrative liability by reducing the combined fines in six related cases from a potential 6 million roubles to 600,000 roubles.
This result allowed the company to maintain its market position in the strategically important cardiology drug segment and avoid catastrophic financial losses.
«Generium» JSC: minimizing antitrust risks in launching a biosimilar
Description:
We provided legal support for the launch of a new biosimilar medicinal product for a leading Russian biotechnology company. We offered the client several secure strategies that took into account the regulatory environment and the risk of claims from patent holders.
Result:
The project allowed the client to gain a foothold in a promising market with a volume of approximately 1.9 billion roubles per year. The solutions developed not only minimized legal risks, but also created the foundation for sustainable product development.