Suspension of Antimonopoly Proceedings and Judicial Review of the Actions of the President of the Office for Competition and Consumer Protection in This Regard

Abstract

The subject of the article is an analysis of the institution of suspension of antimonopoly proceedings. A review of different types of cases examined in the course of proceedings before the President of Office for Competition and Consumer Protection (OCCP) has shown that these proceedings may be suspended only ex officio. In this respect the article revises the hitherto prevailing views of the legal doctrine and the jurisprudence of the OCCP President on the admissibility of suspension upon request of antimonopoly proceedings in merger control cases. The article’s findings also challenge the common view that suspension orders, when issued on the basis of the Antimonopoly Act, are not appealable. The article also indicates that the judicial control of the antimonopoly authority’s actions on suspension of proceedings is exercised by the common courts and the Supreme Court.