An ordinary complain of a might-have-been concessionary resulted in unexpected effects: FAS issued an order to cancel the tender. The regulator went beyond examination of the applicant’s arguments. The governmental agency held that it is illegal for the concession grantor to assume expenses to the full extent. The tendering entity challenged the regulator’s decision at court. The court ruling will either acknowledge legitimacy of the concession grantor’s fee, or question lots of concession projects.
Text composed by: Evgenia Zusman, Deputy Director of the Centre for Investment Analysis of the Institute for Statistical Studies and Economics of Knowledge (ISSEK) at the Higher School of Economics National Research University, partner at You & Partners.