Resolution of the Presidium of the RF SAC of 19 June 2012 No. 17599/11 on case No. А65-11008/2010


State arbitration courts have considered a dispute between the state antitrust authority and OAO Tele-radio Company TVT. The dispute concerned lawful calculation of a fine imposed by the antitrust authority for violation of the legislation. In its resolution, the Presidium of the RF SAC answered the question as to whether the antitrust authority should independently determine the revenues of a person held administratively liable (for the purposes of lawful calculation of the fine).

The Presidium of the RF SAC stated that the antitrust authority is not a participant in the relations regulated by the legislation on taxes and levies and the comment on article 14.31 of the Code of Administrative Offences of the RF does not make it independently responsible for determining the revenues of a person held administratively liable. The antitrust authority is entitled to obtain the required information from commercial entities.

Thus, a challenge to antitrust authority acts on the basis that they violate the rules of the legislation on taxes and levies and on financial accounting in determining revenues is unlikely to be supported in court. Commercial entities should themselves determine the revenues and be extremely accurate in doing so.

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