The antimonopoly body has the right to check out customers on an unscheduled basis at 223-FZ
According to the RF Supreme Court, the antimonopoly body has the right to conduct an unscheduled audit of the customer for compliance with the provisions of the Law on Protection of Competition. Such a position was expressed by the court in paragraph 18 of the Review.
Non-compliance of customers with certain provisions of Law N 223-FZ can simultaneously testify also of violation of the Law on Protection of Competition. It provides for the possibility for the antimonopoly authority to conduct unscheduled inspections to comply with antimonopoly legislation.
Identify only violations of Law N 223-FZ by conducting an unscheduled audit of the control body is not entitled, since in this case it will go beyond its competence.
More details on other findings from the Supreme Court Review under Law N 223-FZ can be found in our material.
Document:
Review of judicial practice on issues related to the application of Law No. 223-FZ (approved by the Presidium of the RF Supreme Council on May 16, 2018)