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Supreme Court of Russia indicated that FAS has no right to control bankruptcy auctions

... position of the antimonopoly authority that the organizer had established unlawful requirements for the participants in the auction. The Court of Appeal overturned the decision and satisfied the application, in support of which it was stated that the FAS did not have the right to control the bankruptcy auction. The Arbitration Court of the Ural District, in turn, supported the first instance, noting that the powers of the antimonopoly authority to consider complaints about violations of the procedure for conducting auctions in the framework of a bankruptcy ...

THE POWERS OF THE FAS IN RELATION TO THE BANKRUPTCY OF TRADES ARE LIMITED

The debtor's manager applied to the court to challenge the order of the Federal Antimonopoly Service (FAS) issued in connection with the violation of the bidding procedure, which, according to the agency, resulted in the non-admission of the bidder to the auction (case no. A40-263182/22). The courts of two instances rejected the arguments of the manager, guided by the fact that ... ... evidence, and therefore, the rejection of the bidder's application is unlawful and does not comply with the requirements of the Bankruptcy Law. At the same time, the courts proceeded from the fact that the antimonopoly authority has the authority to make ...

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