Arbitration Court: “Lenta” Ltd. created discriminatory conditions for suppliers of alcohol product

The Court dismissed a claim of the retail chain to invalidate FAS acts

In June 2016, the antimonopoly body found that “Lenta” Ltd. violated the Law on Trade (Clause 1 Part 1 Article 13).

In the FAS opinion, the retail chain created discriminatory conditions for economic entities involved in supplies of alcohol products rendering market services in 2013-2015.

For instance, the company charged suppliers of wine alcohol products differently for the same scope of slotting services and publishing information about it in the “Lenta Tovarov” catalogue.

As a result of such actions, discriminatory conditions were created for particular suppliers of alcohol products.

To support competition, FAS issued a determination to the company to eliminate the exposed violations.

FAS opened 41 administrative cases, investigating which it drew up 37 determinations on holding “Lenta” Ltd. administratively liable and imposing fines (under Part 1 Article 14.40 of the Code of the Russian Federation on Administrative Violations). Four administrative cases were terminated due to expired period of limitation and holding liable. The total fines reached 74 million RUB.

The company filed a lawsuit challenging the decision and determination of the antimonopoly body and the order to impose the fines. Moscow Arbitration Court, however, dismissed the claim, pronouncing legitimacy of the FAS acts.

“The Antimonopoly Service will continue monitoring enforcement of the Law on Trade. We shall not disregard practices that worsen the suppliers’ positions”, pointed out Deputy Head of FAS Legal Department, Larrisa Vovkivskaya.