PENSION FUND EXECUTED FAS WARNING

FAS exposed signs of violating the antimonopoly law

The Pension Fund restricted economic entities in choosing suppliers of the services of a certifying centre, including electronic signature services.

FAS received a complaint from a commercial company regarding actions of the Pension Fund of Russia that had included provisions in an Agreement* restricting its choice of suppliers of the services of certifying centres.

Such actions of the Pension Fund of Russia could have restricted competition on the market of certifying centres and have a negative impact upon entities operating in the e-document flow of the Pension Fund of Russia. Restricting choice can generate additional corporate costs. The Pension Fund of Russia
was requested to eliminate the exposed signs of the violation.

On 25 September 2018, FAS received materials confirming the fact of executing the warning by the Pension Fund. The latter put a link on its web-site to a list of accredited certifying centres and issued No. 487r order of 21.09.2018 invalidating the Agreement.

Thus, FAS warning was executed which eliminated competition restrictions on the market of certifying centres.

*Agreement on exchanging e-documents within the e-document flow system of the Pension Fund of Russia

Reference:

Clause 5 Part 1 Article 15 of the Federal Law “On Protection of Competition” prohibits state extra-budgetary funds to pass acts and (or) undertake actions (omissions) that lead or can lead to preventing, restricting, eliminating competition, except cases specified by federal laws of adopting acts and (or) exercising such actions (omissions), in particular, it prohibits restricting buyers in their choice of economic entities that provide such goods.

Under Article 39.1 of the Federal Law “On Protection of Competition” the antimonopoly body issues warning to stop actions (omissions) that have signs of violating the antimonopoly law if signs of violating are exposed, particularly, Clause 5 Part 1 Article 15 of the Federal Law “On Protection of Competition”.