APPEAL COURT SUPPORTED THE POSITITON OF SAMARA OFAS WITH REGARD TO A CARTEL INVOLVING THE MINISTRY OF HEALTH CARE OF THE SAMARA REGION
A decision of Samara OFAS, that formed the grounds for opening criminal proceedings, came into force after the Appeal Court passed a ruling on an arbitration case
The 11th Arbitration Appeal Court upheld the judgment of Samara Regional Arbitration Court, which had dismissed the claim of “SMT” Ltd., “GE Healthcare” Ltd. and the Ministry of Health Care of the Samara region.
On 20 April, Samara Regional Arbitration Court confirmed legitimacy of the decision of Samara OFAS that ascertained the facts of anticompetitive agreements between “SMT” Ltd., “Medsymbol” Ltd., “TsEKh-Zdorovie” Ltd., “GE Healthcare” Ltd., the Ministry of Health Care of the Samara region and “Seredavin Samara Regional Clinical Hospital” Public Healthcare Facility.
Violations were committed in the course of organizing a joint electronic auction, when the ordering parties were health care facilities in the Samara region. The procurement was organized by “Seredavin Samara Regional Clinical Hospital” Public Healthcare Facility. Samara OFAS established that the purpose of four anticompetitive agreements was to make “SMT” Ltd. the auction winner. As a result of the auction, the goal of the unlawful cartels was achieved and “SMT” Ltd. signed 23 government contracts with health care facilities in total for over 768 million RUB. The legal entities that committed the violations were held administratively liable.
The case materials are transferred to the Investigation Department of the Investigation Committee of the Russian Federation in the Samara region that opened the criminal case accusing seven physical persons under Articles 178, 204 and 286 of the Criminal Code that is now under consideration in Samara District Court.