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Darya Ognevskaya

Counsel, attorney — Antitrust Practice
Darya has over 15 years of experience specialising in the enforcement of antitrust, tariff, and procurement laws and regulations. She has represented clients before Russian state commercial (arbitrazh) courts and courts of general jurisdiction, including the Presidium of the Russian Supreme Commercial Court and the Cassation Board of the Russian Supreme Court, on a number of high-profile and complex matters involving antitrust violations, administrative liability, and more.
Past Experience
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Before joining BGP Litigation, Darya was responsible for antitrust compliance and antitrust audit matters at Norilsk Nickel. She also led the statutory and legal department in an energy company. Prior to that, she worked in the legal department of the Federal Antimonopoly Service for over four years, including as a litigation team leader
Legislative, Scientific Activities and Membership in Associations
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Darya is a member of the Antimonopoly Experts Association
Education
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Darya holds a law degree from Kutafin Moscow State Law University
Languages
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Russian, English

Darya advised:

a major multi-business group

comprising a mining and metals company, sea and river ports, a natural gas production and transportation company, a power and heat supply business, a water supply and disposal company, an airport, an airline, and a helicopter company, on conducting an antitrust audit and implementing an antitrust compliance framework

a leading mining and metals company,

a major regional energy company (electricity and heat power generation, transmission and supply, as well as water supply and disposal), a chief operator of a regional airport, and a Top-15 Russian airline, on unscheduled on-site audits by the Federal Antimonopoly Service, which found that no antitrust violations occurred

a major multi-industry group

(electric power, heat supply, water supply and disposal, airport services, air transport, port services, rail freight transport, gas supply and transport, river transport, sales of petroleum products in Russia’s Far North) in holding a tariff audit, drafting recommendations and monitoring their implementation (the resulting economic effect of the audit exceeded RUB 2.4 bln)

the main operator of an international airport and a major airline

in drafting regulations, an agreement on determining the base air carrier and implementing the terms of the agreement, which enabled the airline to gain exclusive status

a regional heat supplier

in receiving RUB 1 bln compensation for economically justified expenses incurred during previous periods

a gas and energy companies

in conducting procurement procedures, including ones involving construction and revamping of large-scale expensive infrastructure assets on a "full cycle" basis (from drafting procurement documents to execution of a contract)

a federal guaranteed supply company

in challenging tariff-related decisions issued in several regions falling within its footprint by the FAS Russia and in courts (including the Supreme Court of the Russian Federation), which resulted in the tariff-related decisions being reversed in favour of the market player

a Top-15 airline among Russian air transport market players

in connection with antitrust proceedings (including in the Praesidium of the FAS Russia) initiated owing to alleged price differentiation, monopolistically high prices and imposition of unfavourable contractual terms (the proceedings were terminated since no failures were established)

an energy company operating

in a technologically isolated territorial energy system in preparing and submitting an electric tariff regulation application, which resulted in a two-fold increase in the tariff in question

an energy company operating

in a technologically isolated territorial energy system in connection with proceedings initiated by a consumer against it challenging a tariff-related decision issued by the FAS Russia (the doubling of tariffs was challenged; all claims were dismissed)

a gas production and transport company, an airport and a unitary heat supply organisation

in drafting and submitting tariff regulation applications and liaising with the regulatory authorities (which resulted in the tariffs ultimately being indexed by 17 to 21%)