The Russian Competition Authority’s Appeal Board dismisses the decision by its Regional Office in Sverdlovsk ordering a leniency applicant to return unlawfully gained income (Krust)

Unprecedented Russian Law Enforcement: Obligation to Return Unlawfully Gained Income When Using a Leniency Program* The Regional office of the Federal Antimonopoly Service of the Sverdlovsk region has recently issued a decision ordering a leniency applicant to return unlawfully gained income. The Appeal Board of the Federal Antimonopoly Service (the “FAS”) has now reconsidered this decision on appeal. Background of the case The ground for initiating the case was the claim of one of the market participants, received by the Federal Antimonopoly Service. During the consideration of the case, the FAS established the fact of Krust LLC having entered into an anticompetitive agreement. The agreement’s purpose