COURT CONFIRMED A DECISION OF SARATOV OFAS IN THE COURSE OF A RE-APPEAL
The 12th Arbitration Appeal Court confirmed legitimacy and reasonableness of the conclusions made by Saratov OFAS on a case against Saratov Regional Ministry of Transport and Road Facilities and “Avtograde” JSC
The case against the Ministry and “Avtograde” JSC on violating Article 16 of the Federal Law “On Protection of Competition” was finalized back in December 2016.
As follows from the case materials, “Avtograde” JSC began carrying out the works for constructing “Ozinki-Perlyub” Road before concluding a contract with the Ministry. The ordering party included a clause in the contract on executing the road construction works within three days, after that period the works were not completed.
Nevertheless, the contract amount – 71.7 million RUB – was paid by the ordering party in full, without penalties.
The Ministry and “Avtograde” JSC disagreed with the decision of Saratov OFAS, appealed it to Saratov Regional Arbitration Court and then to 12th Arbitration Appeal Court. The Courts of two instances supported the claim and invalidated the decision of Saratov OFAS. Cassation Court abolished the rulings of the above Courts and forwarded the case for reconsideration.
Then Arbitration Court supported the position of Saratov OFAS. 12th Arbitration Appeal Court also pronounced legitimacy of the decision of Saratov OFAS.
Head of FAS Anti-Cartel Department, Andrey Tenishev commented: “Establishing positive judicial practices on the cases against anticompetitive agreements is an important element in increasing the level of intolerance to various types of violations of the antimonopoly law”.