Andrey Tenishev: in 2016 FAS exposed 30% more cartels that in 2015
330 cartels were exposed in 2016, most of which are anticompetitive bid-rigging agreements
Head of FAS Anti-Cartel Department Andrey Tenishev addressed the Antimonopoly Forum of the Corporate Counsel Association. He stated that bid-rigging cartels have transformed; they are getting bidder, better organized, and often possess all signs of organized criminal groups. Typically, 2-3 economic entities joined together to form cartels; today dozens of companies can be involved in cartels, while the numbers of cartel accidents reaches hundreds.
The FAS representative outlined cartel-exposing methods. For instance, a multi-parameter electronic system of exposing bid-rigging collusion was verified at FAS Centre for Education and Training. “It allows targeted remote search for cartels in various spheres of electronic procurement in any subject of the Russian Federation”, said Andrey Tenishev. “Testing the system, the regional antimonopoly bodies exposed signs of cartels in 40 regions only within three days”.
He added that the antimonopoly bodies opened cases based on the system testing and some regions have already made decisions on violating the Federal Law “On Protection of Competition”.
The Forum also covered the issue of evidence of anticompetitive agreements. Andrey Tenishev stated that FAS uses dozens of indirect evidence that in their totality prove cartels. “The Court rulings clearly indicated that proving cartels FAS may use any evidence obtained lawfully”, emphasized Andrey Tenishev.