RESOLUTION OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

of June 30, 2008 No. 30

About some questions arising in connection with application of the antitrust law by Arbitration Courts

Due to the questions arising at Arbitration Courts in case of application of the antitrust law and for the purpose of ensuring uniform approaches to their permission the Plenum of the Supreme Arbitration Court of the Russian Federation based on article 13 of the Federal constitutional Law "About Arbitration Courts in the Russian Federation" decides to make the following explanations.

1. According to part 1 of article 2 of the Federal law "About Protection of the Competition" (further - the Marine life protection act of the competition, the Law) the antitrust law is based on the Constitution of the Russian Federation and the Civil code of the Russian Federation (further - the Civil Code of the Russian Federation).

Treat regulations of the Civil Code of the Russian Federation on which the antitrust law is based, in particular, article 1 Civil Code of the Russian Federation which establishes prohibition on restriction of the civil laws and freedom of movement of goods, except cases when such restriction is introduced by the Federal Law (at the same time the Marine life protection act of the competition also belongs to number of the laws introducing the corresponding restrictions), and article 10 Civil Code of the Russian Federation prohibiting use of the civil laws for the purpose of restriction of the competition and abuse of dominant position in the market.

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