APPEAL UPHELD FINE IMPOSED BY FAS ON TARKETT RUS IN THE AMOUNT OF 286.9 MILLION RUBLES

In 2022, the Authority recognized the organization as violating antimonopoly legislation* in the linoleum market

The Ninth Arbitration Court of Appeal recognized the Authority's fine in relation to the Tarkett Rus JSC as lawful. Earlier, the court of first instance came to the same conclusion. As established by the antimonopoly authority, the organization included in contracts with distributors a ban on the sale of linoleum from other manufacturers, as well as applied penalties for non-compliance with this prohibition.

At the same time, the main criterion of the Tarkett Rus bonus program in relation to retail stores was a reduction in the representation of competitors' products, which also led to the refusal to conclude contracts with other manufacturers of floor coverings.

The decision of the Authority was also upheld by the courts of three instances. The company was issued an order aimed at ensuring competition. The court also confirmed its legality.

As part of the administrative proceedings, fines were imposed in the amount of 286,857,227 rubles for abuse of a dominant position (supported by the courts of two instances) and 3,000,000 rubles (supported by the court of first instance) for coordinating economic activities.

Reference:

* Paragraph 9 of the Part 1 of the Article 10 of the Law on Protection of Competition, Part 5 of the Article 11 of the Law on Protection of Competition