FAS EXPOSED A CARTEL OF FUEL-AND-LUBRICANTS SUPPLIERS FOR THE FEDERAL PENITENTIARY SERVICE
FAS made a decision on an antimonopoly case. The violators concluded and implemented an anticompetitive agreement between bidders of auctions for supplies of gasoline and diesel fuel for the needs of the Federal Penitentiary Service.
The cartel operated at 12 auctions: “MIF” Ltd. refused to compete in order to ensure that “Siballiance” Ltd. would win. “MIF” Ltd. did not file price offers or did not file offers on the contract price below that “Siballiance” Ltd., in spite of successful pre-qualification. As a result of such conduct, “Siballiance” Ltd. was recognized the winner with the minimum reduction of the price for the government contract.
The total revenue of the members of the anticompetitive agreement was over 290 million RUB.
FAS believes that under such circumstances the actions of the top executives of “MIF” Ltd. and “Siballiance” Ltd. have elements of a crime specified in Clause “c” Part 2 Article 178 of the Criminal Code of the Russian Federation.
A copy of the decision and the materials of the case against “MIF” Ltd. and “Siballiance” Ltd. will be forwarded to the law enforcement bodies to open a criminal case.
“This is already not the first decision in the recent period made by FAS with regard to unfair suppliers of gasoline and diesel fuel for the needs of the Federal Penitentiary Service”, pointed out Head of FAS Department for Control over public defence procurement, Konstantin Alyoshin.
Earlier the FAS Commission, investigating an antimonopoly case against “Siballiance” Ltd. and “Fuel Company” Ltd., found that the companies had violated Clause 2 Part 1 Article 11 of No.135-FZ Federal Law “On Protection of Competition” of 26.07.2006. The violators supported the maximally beneficial prices for cartel participants at 9 auctions, organized by structural units ofthe Federal Penitentiary Service.