FAS OPENED A CASE AGAINST A REGIONAL OPERATOR OF THE TAMBOV REGION

14-01-2020 | 16:54

The Antimonopoly Service suspects that the company restricted the number of potential auction bidders for solid municipal waste transportation

 

FAS opened a case against the regional operator in the Tambov region – “TSK” JSC upon elements of violating the Federal Law “On Protection of Competition”1.

 

The company is the sole supplier of the services for solid municipal waste treatment in the Tambov region and, accordingly, 100% solid municipal waste are generated in the zone of its operations.

 

Prices for the services of transporting solid municipal waste for the regional operator should be formed on the basis of electronic auctions2, in accord with № 44-FZ Federal Law.

 

In June 2019, “TSK” JSC3 placed a Notice and the auction documentation on the web-site of the Integrated Electronic Trading Platform (“IETP” JSC) regarding three lots that have elements of restricting the number of potential auction bidders.

 

In particular, the lots:

 

- Do not take into account logistical factors, as well as economic and technical specifics of operations of the persons involved in solid municipal waste transportation;

 

- Lots where only small and medium business can participate, are absent4.

 

The above facts can indicate that “TSK” JSC deliberately drew up the auction documentation in such a way (including conditions, which are disadvantageous for potential transporters) that the auctions would be invalidated. It may mean that “TSK” JSC organized the auction in such a manner so that in the future the company would transport solid municipal waste on its own or in collaboration with other entities, but at the price and under the conditions that would benefit the regional operator.

 

Deputy Head of FAS, Vitaly Korolev emphasized: “Since contracts at auctions for selecting operators that are involved in solid municipal waste transportation, should be concluded with the bidder that offers the lowest price, violations at such auctions not only restrict competition but also increase garbage removal prices for end consumers, which is unacceptable”.

 

1 Clause 9 Part 1 Article 10.

2 According to the Rules of Auctions (№ 1133 Decree of the Government of the Russian Federation of 03.11.2016), based on which prices for the services of transporting solid municipal waste are formed for the regional operator.

3 Under the Rules of Auctions, based on which prices for the services of transporting solid municipal waste are formed for the regional operator, regional operators are the auction organizers.

4 Which is contrary to Clause 9 of № 1133 Rules.



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 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 18th session IGE UNCTAD EEU Model Law on Competition ICN BRICS BRICS Conferences Documents The BRICS Competition Law and Policy Centre (BRICS Competition Centre) BRICS Working Groups for the research of competition issues in socially important markets The Working Group for Research on the Competition Issues in the Pharmaceutical Markets Chair: Russia The Working Group for Research on food value chains Chair: South Africa The Working Group for Research on the Competition Issues in the Automobile Markets Co-chaired: India, South Africa The Working Group for Research on the Competition Issues in the Digital Markets Co-chairs: Brazil, Russia 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 Working Group for Studying Competition Problems in the Pharmaceutical Sector Working Group on Research of Competition Issues in the Market of International Telecommunications (Roaming) Document Library Legislation Reports & Analytics Cases & decisions Contacts Give feedback Contact us Links Authorities Worldwide COVID-19