Andrey Tenishev on the cases on anticompetitive agreements disclosed by FAS regional Offices in 2016
Head of FAS Anti-Cartel Department discussed the best cases of the year under Articles 11 and 16 of the Federal Law “On Protection of Competition”, chosen by FAS Presidium
Kursk OFAS recognized collective dominance of “Kurskkhleb” OJSC, “Fresh Bread” Project” JSC and “Zheleznogorsk Bread Plant” CJSC that implemented an agreement to prevent entry of Belgorod “Integrated Bread Plants” Holding to the market of the Kursk region. Its products are in price competition with bread made by Kursk producers. Three bread plants simultaneously stopped supplying bread to the “Liniya” Retail Chain (the second largest retail chain in the region by sales).
The products of those bread plants accounts for over 90% of the bread sold through the Chain. Such actions by the bread plants were a “response” to launching supplies from Belgorod to the “Liniya” stores. Bread was fully supplied to all other retail chains according to the schedule. Bread supply to the “Liniya” Retail Chain restored only upon coordinated efforts by the antimonopoly body and Kursk Regional Authority.
Rostov OFAS opened an antimonopoly case based on the information forwarded from the 7th Investigation Branch of the Main Investigation Department of the Investigation Committee of Russia.
There was a suspicion that the Office of the Federal Accreditation Service [Rosaccreditation] in the South, North-Caucasus and Crimea Federal Districts violated the law in auctions for motor vehicle services for its needs.
In the course of the antimonopoly investigation, the necessary evidence of an anticompetitive agreement was obtained, affiliation between the bidders and the ordering party – a former Head of the Rosaccreditation Office was exposed. The original prices were significantly overrated.
OFAS found that the Regional Office of the Federal Accreditation Service and “Gukovstroi” Ltd. in a group of persons with an individual entrepreneur violated Article 16 ofthe Federal Law “On Protection of Competition – an anticompetitive agreement with the government authority.
The decision of Rostov OFAS was supported by the Arbitration Court of the Rostov region and was part of the evidence in the criminal case against the former Head of the Rosaccreditation Office to prove committing crimes under Part 4 Article160, Part 1 Article 285, Part 2 Article 292 of the Criminal Code of the Russian Federation – misappropriation or embezzlement, abuse of office, forgery.
In September 2016 Leninsky District Court, Rostov-on-Don, found that the former Head of the Rosaccreditation Office had committed those crimes and was sentenced to 2 years 6 months of imprisonment. Rostov Regional Court upheld the guilty verdict.