The fine for bid-rigging at auctions for maintaining the “Yenisei” Highway will not be reduced

The Arbitration Court of the East-Siberian District reversed a ruling of the Arbitration Court of the Republic of Tyva that had reduced the fine upon “No.364 DEP” OJSC from 2.49 million RUB to 100,000 RUB. The case is forwarded for reconsideration.

In December 2014 the FAS Commission found that года “Vostok” Ltd., “Dorogi Sibiri” Ltd., “No.363 DEP” OJSC, “No.364 DEP” OJSC and an individual entrepreneur Oganesyan had taken part in an agreement that resulted in maintaining prices at 6 auctions for maintaining the М-54 “Yenisei” Highway (Clause 2 Part 1 Article 11 of the Federal Law “On Protection of Competition”). The total sum of the contracts concluded upon the results of the auctions reached 1.86 billion RUB.

“No.364 DEP” OJSC was imposed an administrative fine: 2.49 million RUB. The company challenged the determination on imposing the fine at the Arbitration Court.

The Courts of three Instances confirmed legitimacy of FAS decision on the antimonopoly case. However, Courts reduced to the minimum the fine for millions of Rubles imposed by FAS for participating in the cartel. The Cassation Court disagreed with the approach of the lower judicial bodies, reversed the judgment of the Appeal Court and forwarded the case for reconsideration.

“We welcome the objective Court ruling. A 100,000 RUB fine can be imposed only when calculating the administrative penalty the fine is estimated below the minimum level”, commented the Head of FAS Anti-Cartel Department, Andrey Tenishev.