COURT CONFIRMED A CARTEL FOR PUBLIC PROCUREMENT OF MEDICINES AND MEDICAL PRODUCTS IN SAMARA

Moscow Arbitration Court dismissed the claim of “PHARM SKD” Ltd. and “NOVOPHARM” OJSC to invalidate FAS decision and injunction  

FAS opened a case upon a statement of “For Fair Procurement” Fund for Monitoring Public Procurement and Property Trading and found that “PHARM SKD” Ltd. and “NOVOPHARM” OJSC concluded an anticompetitive agreement that resulted in maintaining prices at auctions (a violation of Clause 2 Part 1 Article 11 of the Federal Law “On Protection of Competition”).

The companies took part in more than 400 auctions for supplies of medicines, medical products, disinfectants and health food for more than 400 million RUB in five regions of Russia. The auctions ended with the minimum reduction of the contract prices without any competition.

“PHARM SKD” Ltd. and “NOVOPHARM” OJSCdisagreed with the decision and injunctions of the antimonopoly body and appealed them. The Court, however, dismissed the claim supporting the FAS position.

Head of FAS Anti-Cartel Department Andrey Tenishev pointed out: “Procurement of goods for medical facilities is watched carefully by FAS and violations on such socially oriented markets are unacceptable”.

Based on the materials of the antimonopoly case, the Investigation Unit of No.2 Police Division of Samara Interior Department opened a criminal case against executives of “PHARM SKD” Ltd. and “NOVOPHARM” OJSC under Part 2 Article 178 of the Criminal Code. It is already the second criminal case opened in Samara in 2018 upon FAS materials.