Caterpillar voluntarily terminated violating the antimonopoly law

09-08-2016 | 10:56

Following joint efforts of the Eurasian economic Commission, the Federal Antimonopoly Service, “Caterpillar” and its dealers, changes are made to international agreements on distribution in the EAEU.

On 29 July 2016, an extended session of Competition and Antimonopoly Regulation Sub-Committee, of the Consultative Committee on Competition, Antimonopoly Regulation and Public Procurement, of the Eurasian Economic Commission (EEC) chaired by a Member of EEC Collegium (Minister) on  Competition and Antimonopoly Regulation, Nurlan Aldabrgenov,  considered materials on elements of violating the antimonopoly law by “Caterpillar”.

According to “Eurasian group” (Kazkhstan), Caterpillar and its official dealers refused to supply products to the Kazakhstan market. The Committee on regulating natural monopolies and competition protection of the Ministry of national economy of the Republic of Kazakhstan forwarded materials to EEC for consideration.

Russian antimonopoly body took part in the investigation. From 24 December 2015 to 22 March FAS inspected distributors of Caterpillar products: “Zeppelin Rusland” Ltd., “Mantrak Vostok” Ltd., “Vostochnaya tekhnika” Ltd., and “Catepillar Eurasia” Ltd.

Dealers and “Caterpillar” reached agreements on fixing equipment sale for “Caterpillar” dealers and distributors by strictly determined territories of Russian market and EAEU common market. Distributors refuse to conclude contracts with companies located in the territories of other distributors. Breaching this rule is punishable by a “fine”.

Based on the wok with EEC and FAS, “Caterpillar” made changes to the international agreements regulating distribution in EAEU and changed Letters-Certificates on dealers’ catchment areas.  

“Market division in accord with the geographic principle and prohibiting distributors to sell is a standard violation of the antimonopoly law. In the case of “Caterpillar” is has a cross-border nature”, commented Stats-Secretary, Deputy Head of FAS Andrey Tsarikovsky.

He was satisfied that “Caterpillar” voluntarily eliminated the violation and pointed out that it is a “bright example of a progressive method of “soft regulation”, adding that the regulator’s objective is to support economic growth across EAEU rather than punishment.



Site Map

News & Events Press Releases Image Library About FAS Russia What We Do Institutional Memory Mission, Goals, Values Priority Setting Stakeholders Engagement Center for Education and Methodics Our History Our Structure Powers of Head and Deputy Heads Our Ratings Using our website International Cooperation Treaties & Agreements OECD Competition Committee OECD meetings 2013 OECD meetings 2014 OECD meetings 2015 OECD meetings 2016 OECD meetings 2017 OECD meetings 2018 OECD meetings 2019 OECD meetings 2020 OECD meetings 2021 FAS Annual Reports OECD-GVH RCC RCC Newsletter Projects ICAP Council on Advertising Headquarters for Joint Investigations UNCTAD 15th session IGE UNCTAD 16th session IGE UNCTAD 17th session IGE UNCTAD 18th session IGE UNCTAD 8th UN Conference on Competition 19th session IGE UNCTAD 20th session IGE UNCTAD 21th session IGE UNCTAD EEU Model Law on Competition ICN BRICS BRICS Conferences Documents BRICS Competition Law and Policy Centre BRICS Working Groups for the Research of Competition Issues in Socially Important markets Working Group for the Research of Competition Issues in the Pharmaceutical Markets Working Group for the Research of Competition Issues in the Food Value Chains Working Group for the Research of Competition Issues in the Automobile Markets Working Group for the Research of Competition Issues in the Digital Markets BRICS Coordination Committee on antimonopoly policy EU APEC Competition Policy and Law Group Annual meetings Projects ERRA Full Members Organizational Structure Document Library Legislation Reports & Analytics Cases & decisions COVID-19 Contacts Give feedback Contact us Links Authorities Worldwide