OPERATOR UNLAWFULLY REJECTED AN APPLICANT’S REGISTRATION ON AN ELECTRONIC SITE

13-08-2019 | 11:35

FAS ordered to re-do an auction

 

In summer 2019 www.tendergarant.com e-site conducted an auction to sell property of a debtor (“Inga”) with the initial (maximum) contract price over 250 million RUB.

 

“Grand Capital” Ltd. complained about the site operator: the company could not take part in the auction due to an unlawful refusal from the operator to register it on the operator’s web-site.

 

As FAS established, the e-site rejected company’s registration claiming that there were stamps of issuing passports for travelling abroad on the end leaf of the passport of the company’s General Director. The operator considered the passport invalid.

 

As Deputy Head of FAS Department for Control over Construction and Natural Resources, Olesya Malaya, pointed out, “passports of citizens of the Russian Federation can contain stamps on issuing passports for travelling aboard, it is perfectly legal. In addition, the operator failed to present documents to FAS confirming that the passport in question was invalid.  The operator is not authorized to ascertain the facts of invalidity of such documents independently”.

 

FAS issued “TENDER GARANT” Ltd. a mandatory order to reconsider the company’s documents if “Grand Capital” Ltd. files them.

 

Oleg Korneev, Head of FAS Department for Control over Construction and Natural Resources,informed: “Technically, the operator executed FAS request and accepted the documents of “Grand Capital” Ltd. for consideration. However, it again rejected the company’s application referring already to other reasons. We will consider the new complaint from the applicant within the statutory period.

 

“Bankruptcy auctions are organized at electronic sites, with which the auction organizer has contracts. Russia has more than 100 sites like this. At the same time, the law does not set common requirements to the sites. As a result, they draft their own regulations and refuse to register potential auction participants on the site due to a wide variety of reasons. To reduce the number of violations and protect the participants’ rights, FAS proposes to organize auctions, including bankruptcy auctions, with a common pool of e-sites that will work under the common rules”, saysDeputy Head of FAS Rachik Petrosyan.



Site Map

News & Events Press Releases Media Releases Image Library About the FAS Russia What We Do General Information Mission, Goals, Values Priority Setting Institutional Memory Stakeholders Engagement Center for Education and Methodics Our History Our Structure Powers of Head and Deputy Heads Our Ratings GCR Using our website International Cooperation Treaties & Agreements International Working Groups Working Group on Research of Competition Issues in the Market of International Telecommunications (Roaming) Meetings Working Group for Studying Competition Problems in the Pharmaceutical Sector Concept Note Meetings OECD Competition Committee OECD meetings 2013 OECD meetings 2014 OECD meetings 2015 OECD meetings 2016 OECD meetings 2017 OECD meetings 2018 FAS Annual Reports OECD-GVH RCC RCC Newsletter ICAP Council on Advertising Headquarters for Joint Investigations UNCTAD 13th session IGE UNCTAD Resolution Russian contributions 14th session IGE UNCTAD Resolution Russian contributions 15th session IGE UNCTAD 16th session IGE UNCTAD 17th session IGE UNCTAD EEU Model Law on Competition ICN BRICS WG (Markets of Social Importance) EU APEC Competition Policy and Law Group Annual meetings Projects ERRA Full Members Organizational Structure Archive Working Group on Investigating Issues on Pricing in the Oil and Oil Product Markets and Methods of their Functioning Meetings Document Library Legislation Reports & Analytics Cases & decisions Contacts Give feedback Contact us Links Authorities Worldwide