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How to properly file a complaint to the FAS about unfair competition
Competition is a scary thing. People resort to illegal methods in an attempt to eliminate a competitor. If you encounter a similar phenomenon, immediately write a complaint, this should not be tolerated. In such situations, you need to contact the FAS.
It is important to consider and comply with all the requirements for filing a complaint, otherwise it will be rejected:
- the appeal must be made in writing addressed to the head of the antimonopoly service of the region in which the document is submitted;
- The complaint must contain the date of filing the application, the signature of the complainant, a description of the conflict, links to laws confirming your innocence, the reasons for writing the application, detailed information about the person filing the complaint, namely the postal address, full name and contact telephone number. A response with a solution to the problem will be sent to the data you left;
- Documents and materials are also required to confirm the violation by an unscrupulous competitor.
ATTENTION! Look at the completed sample complaint to the FAS about unfair competition:
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Sample application to the FAS about unfair competition
According to Part 1 of Article 23 of the Law “On Protection...” of June 27, 2006 No. 135-FZ, the authorized body is obliged to accept and consider appeals and applications from citizens and organizations on issues of unfair competition.
Such a body, by virtue of paragraph 1 of the regulation approved by the Decree of the Government of the Russian Federation “On approval...” dated June 30, 2004 No. 331, is the FAS RF.
At the same time, the legislation does not indicate special requirements for such treatment, therefore, when drafting it, practitioners adhere to generally accepted legal and technical standards.
Thus, the appeal must contain:
When drawing up an application on paper, it is advisable to use the organization’s letterhead. It is also necessary to put the manager’s signature and seal (if available).
The appeal can also be submitted electronically.
In this case, the document is confirmed by digital signature. If necessary, documents (certified copies thereof) confirming the applicant’s arguments should be attached to the application.
At the Federal Antimonopoly Service in Moscow
Moscow, Myasnitsky proezd, 4, building 1
Where to write a request
A complaint can be written to the Antimonopoly Service or the Central Office. To do this, go to the official website of the service and find out the postal address in the “Territorial bodies” section. It is also possible to submit a complaint electronically to the address “ [email protected] ”.
On the website, a citizen can easily familiarize himself with the application form; to do this, he just needs to select the desired region. By the way, after receiving a request, you can track the status of its verification online.
Important! When filling out applications on websites, be very careful. Today, there are many “clone” sites that look identical to the original, but have a completely different message. By filling out forms on such sites, you send personal data directly into the hands of criminals who can use it for their own purposes.
Termination of the contract by agreement of the parties under 44-FZ
Read how to file a complaint with the Federal Tax Service of Russia here.
How to file a complaint against your boss to higher management, read the link:
To avoid ending up on such a site, carefully look at the link, because it may not coincide with the original one. Also, on phishing sites it is usually impossible to log in to your personal account, it will give an error, but enter real data from the user. It is also not recommended, because attackers will see this and be able to do bad things.
Watch the video. About unfair competition:
How to file a complaint with the Russian Federal Service in 2020
- Intellectual property
- Internet and law
- Hello! We would like to file a complaint with the FAS regarding restrictions on competition. The fact is that we recently opened a budget mini-hotel and thus competed with some.
One owner of such a mini-hotel writes on his website (not personal, but the website of his hotel) reviews of all local hotels, including ours (he came to visit us once). In the article, he gives his subjective assessment of not very good furniture, location, cramped conditions, inconvenience, marketing moves, etc... After reading the “ratings” of other hotels, it is clear that his is the best. We politely asked to remove the article, said that we would file a complaint about restricting competition with the FAS, citing the concept of unfair competition, but he refuses, asks to send information that we consider correct, and he will change what is not true.
Document submission methods
There are several ways to contact the FAS. The standard filing option is to write a complaint in the form, observing all the above criteria, and then send it to the address 125993, Moscow, st. Sadovaya-Kudrinskaya, 11, D-242, GSP-3.
This is the address of the central office; to find out the regional one, go to the official website. Everyone has the right to come to the office in person and write the required application using the form provided on site. Don’t forget about electronic submission methods, namely through mail or the same official website.
To do this, go to the website and use the “Contact FAS” button, then fill out all the fields. This is important, because if you do not fill out everything or fill it out incorrectly, the complaint will not even be sent, much less be considered.
If no errors were made, an email will be sent confirming that the form was submitted correctly.
It is also allowed to attach scanned documents to the text, the volume of which must be less than 2 MB. If you need to attach large files, please use the email complaint method.
The last option for filing a complaint is the State Services website. First, you need to register on it (indicate only real data so that later there are no problems or delays in verification), then fill out all the proposed forms and send an application.
Appealing the results of the review
Of course, complaints are good, without them there would be no way, without them there would be complete chaos on the market. However, sometimes it happens that circumstances overlap and deliver an unfair verdict to an innocent citizen.
Note! According to Article 52, everyone has the full right to appeal a decision. The deadline for filing an appeal is 90 calendar days after the unfair decision was made. Often such appeals eventually end up in court proceedings.
If the dispute has already taken place in the FAS, but you also do not agree with this decision, go to arbitration, but then the deadline for filing an application will be 30 full days. When writing such a statement, adhere to all the rules, do not give free rein to your emotions, do not use obscene language, insults, etc.
Fill out everything strictly according to the form, attaching all the necessary documentation and data, so as not to be refused consideration. The methods for submitting an application remain the same, namely in person, via email, via mail, on the official website or on the State Services website. The answer must be expected within 30 days, in rare cases – 60.
Watch the video. How to file a complaint with the FAS:
Grounds for complaint
Article 23 paragraph 1 states that the responsible body is obliged to verify complaints about unfair competitors, help resolve conflicts and “administer justice.” The responsible body is the Federal Antimonopoly Service of the Russian Federation. What is unfair competition?
First of all, these are actions aimed at infringing on rights, or any other way out of established norms.
Let's take a closer look at what these actions are:
- deliberate dissemination of false information;
- unfounded stories about the terrible quality of services, etc.;
- biased comparison;
- illegal use of a competitor’s intellectual activity;
- plagiarism of logos, design and design from other companies, copyright infringement;
- dissemination of trade secrets of a particular company.
Main powers of the FAS
The main powers of the FAS Russia are specified in the Decree of the Government of the Russian Federation “On approval of the Regulations on the Federal Antimonopoly Service” and in the Federal Law “On the Protection of Competition”.
So, according to the current legislation, the Federal Antimonopoly Service exercises the following powers:
- Conducting inspections of compliance with antimonopoly legislation by individuals and legal entities, non-profit organizations, extra-budgetary funds, etc.;
- Exercising control over the activities of legal entities ensuring the organization of trade in the markets of certain goods;
- Monitoring the provision and use of state or municipal preferences;
- Initiation of cases of violations of antimonopoly legislation;
- Appeal to the authorities carrying out operational investigative activities with a request to carry out operational investigative activities;
- Appeal to the arbitration court with claims for violation of antimonopoly legislation;
- Participation in judicial review of cases related to the application and/or violation of antimonopoly legislation;
- Maintaining a register of persons brought to administrative responsibility for violating antimonopoly legislation;
- Posting on the Internet decisions and regulations affecting the interests of an indefinite number of persons.
When an application may be refused
There are a number of reasons why your application may be denied:
- many attach an emotional color to their statement, use obscene language or insult the offender. All these are very rash and stupid decisions; no one will consider such a complaint;
- the text is unreadable;
- the text is written in transliteration, caps, or is not divided into sentences or paragraphs;
- the application is not filled out according to the form and does not contain all the necessary information;
- the application contains questions that have already been answered;
- if the answer requires revealing state secrets or any classified information, you will receive a refusal.
Sample application to the FAS about unfair competition
Thus, the appeal must contain:
- name of the authority to which the applicant is applying (territorial body of the antimonopoly service);
- contact information about the applicant (name, address, telephone);
- information about a person whose actions contain signs of unfair competition;
- a description of the violation, as well as the law according to which such actions are considered a violation.
When drawing up an application on paper, it is advisable to use the organization’s letterhead. It is also necessary to put the manager’s signature and seal (if available).
The method is available only to users registered on the portal. How to write an application electronically? When filing a complaint through the department's website, you must fill out a special form. First, you need to select the topic of the complaint from the list, indicate your full name, and the option to receive a response: by postal or email address. Next, you should find the addressee of the appeal, state the essence of the application, all the facts and circumstances that are relevant to the consideration of the complaint. When sending, you must confirm your consent to the processing of personal data. Advice: since the message can contain no more than 1000 characters, it will be more convenient to formalize the complaint in advance in the form of a text document and attach it to the appeal as a file along with scanned copies of documents confirming the violations. One type of violation of antimonopoly legislation is the refusal of an insurance company to issue a compulsory motor liability insurance policy without concluding additional insurance contracts, for example, life insurance. A violation of advertising legislation is the distribution of advertising through communication channels, including telephone, without the subscriber’s consent to receive it. This means that a citizen has the right to complain to the antimonopoly service about illegal advertising SMS mailings. How to write a complaint to the FAS? The algorithm for drawing up an appeal is determined by the Law on the Procedure for Considering Appeals 59-FZ. In accordance with this document, the complaint indicates the name of the body to which the appeal is addressed, or the full name of the official of interest. You must provide your full name and address to which you can send a response to the complaint; without this information, your appeal will not be considered.
How to apply
The complaint may have:
- written form;
- electronic form.
The latter option is possible if the applicant has an EDS (electronic digital signature). You can contact the Federal Antimonopoly Service of the Russian Federation and the territorial service bodies directly. The current list of territorial bodies and contact information are located on the official Internet portal of the FAS Russia.
Watch the video. Complaint to the FAS under 44_FZ - deadlines, procedure, documents:
How FAS decisions are made
The Administrative Regulations contain a detailed algorithm of actions for considering and making decisions by the FAS on complaints.
The procedure consists of several stages:
- registration of appeal;
- checking for compliance with the requirements established by law;
- determination of jurisdiction;
- entering information about the application into the Unified Information System;
- notification of the time and place of consideration of the complaint;
- transfer of the application to a commission to consider the application on its merits;
- consideration of the complaint;
- making a decision;
- forwarding the decision to the applicant.
Important! You have 3 months to appeal the decision made by the commission in court.
