Estimation of Factors that Affect the Probability of Arbitration Court Annulment of FAS Decisions

This paper aims to analyze the correlation between the final court decisions on lawsuits about the cancellation of the indictment of the decisions of the Federal Antimonopoly Service and a vary of factors such as the year, the fact that infringement decision includes behavioral remedies or penalties, the fact of the appeal to the higher court or of the violation of the article 11 of the law “On protection of competition”, and the size of the company-plaintiff. To test our hypotheses, we conducted an econometric analysis based on data collected by us from the Arbitration Court of the Russian Federation card index, which is freely available in the Internet. After the econometric analysis in current paper the following was obtained. The fact of the appeal to the higher court reduces the probability of winning the company of the trial. For the truncated samples by industry effect was not observed. For the total sample and for the food industry the combined effect of period and the appeal to the higher court is negative; for financial industry effect is positive. Next, there is no relationship between the size of the company and its winning of the trial for the general sample. However, for firms of the food industry the probability of the win is significantly increased. The correlation between the probability of the company’s win and the engagement of independent experts is not revealed for all cases. Further, the availability of the fact that infringement decision of the FAS includes behavioral remedies increases the probability of company’s winning, but for the oil industry only. For other industries, as well as for the total sample, the effect is not revealed. Finally, there is a positive effect for the company if it has violated the article 11 FZ " On protection of competition” for the construction sector. For other industries, as well as for the total sample, the effect is not revealed.