FAS OPENED TWO CASES AGAINST “KALUZHSKOE” ENTERPRISE OF THE FEDERAL PENITENTIARY SERVICE
The enterprise subordinate to the Federal Penitentiary Service concluded agency agreements with food products suppliers
The Federal Antimonopoly Service opened two cases against “Kaluzhskoe” Federal State Unitary Enterprise – an enterprise subordinate to the Federal Penitentiary Service, upon signs of violating the Law on trade. For instance, it was established that the enterprise used “intermediary” contracts for sale of food products for the needs of the detained persons within the boundaries of Moscow.
Earlier FAS received materials, having analyzed which, the Federal Antimonopoly Service identified signs of violating Clause 5 Part 1 Article 13 of the Law on Trade by “Kaluzhskoe”. In particular, to organize and carry out trading with the unitary enterprise, agency agreements were concluded with other economic entities – food products suppliers, according to which “Kaluzhskoe” sells goods of suppliers against compensation. Thus, the enterprise subordinate to the Federal Penitentiary Service acted as an intermediary between product suppliers and end consumers.
The above circumstances formed the grounds to open two cases on violating the antimonopoly law against “Kaluzhskoe” Federal State Unitary Enterprise of the Federal Penitentiary Service.
The cases will be heard on 4 March 2019.
Clause 5 Part 1 Article 13 of No.381-FZ Federal Law on Trade “On the basic principles of state regulation of trade activity in the Russian Federation" of 28.12.2009: Economic entities involved in trading operations for sale of food products through a retail chain, and economic entities supplying food products to retail chains are prohibited to: conclude trading contracts between themselves, according to which goods are transferred for sale to a third party without transferring the right of ownership for such goods to such persons, including commission contracts, mandate agreements, agency agreements or mixed contracts, containing elements of one or all above agreements, except concluding agreements within the same group of persons defined in accord with No. 135-FZ Federal Law “On Protection of Competition” of 26.07.2006, and (or) concluding these agreements between economic entities that form a retail chain, or execute (implement) such agreements.