11-09-2019 | 17:40

A precedent FAS decision on a complaint about an auction announced in 2014


In 2014, “Expertcentre” announced an auction to sell bankrupt’s property at “TENDER GARANT” electronic site. It was intended to sell the property in the Omsk region for minimum 12 million RUB. Three bids were filed, but due to several circumstances and judicial proceedings the auction organizer fully suspended the auction.


In such conditions, one of the bidders (a physical person) requested a several million RUB deposit, but could return back only several thousands Rubles since “Expertcentre” was recognized bankrupt and its general Director was convicted.


Head of FAS Department for Control over Construction and Natural Resources, Oleg Korneev explained: “The auction continued after nearly five years. The bidder who was able to get only 5000 RUB from the deposit instead of 2.4 million RUB complained about actions of the auction organizer and the e-site. The bidder was not allowed to take part at the auction”.


FAS Commission established that according to the auction documentation, only those who filed applications and paid the deposit in 2014 can take part in the auction. Therefore, only two bidders can take part today in the auction announced in 2014.


Deputy Head of FAS Rachik Petrosyan emphasized: “In the current situation this requirement is absurd. The data in the applications filed five years ago may, at minimum, do not match the reality and the law standards when concluding the contract. Organizing the auction in 2019 among only those participants who filed the applications 5 years ago restricts competition  and the right of potential bidders interested in acquiring property, put up for the auction. The case materials will be forwarded to the law enforcement bodies for verification”.


In spite of multiple postponing of FAS Commission’s sessions, the auction organizer still has failed to submit to the Commission the participants’ applications filed in 2014, and therefore, confirm their authenticity and applicability.


“Expertcentre” Ltd. is ordered to abolish the auction results and set new dates for accepting bids and filing the deposits.


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 BRICS Conferences Documents BRICS Coordination Committee on antimonopoly policy BRICS Working Groups for the research of competition issues in socially important markets Cooperation within the BRICS BRICS Coordination Committee on antimonopoly policy 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