Cassation Court confirmed the fact of “AUCHAN” violating the antimonopoly norms of the Law of Trade

28-02-2017 | 18:20

On 21 February, the Arbitration Court of the North-Caucasus District dismissed the claim of “AUCHAN” Ltd. to abolish the decision and determination of Krasnodar OFAS.

Krasnodar OFAS received a complaint from a supplier (goods producer) regarding actions of “AUCHAN” retail chain (“AUCHAN” Ltd.) on observing the norms of Part 1 Article 13 of the Law on Trade.

The Commission of Krasnodar OFAS found that actions by “AUCHAN” Ltd. on imposing knowingly disadvantageous conditions of a one-year agreement, that particularly are contrary to the current Law, by threatening to block possibility of ordering products and further blocking such possibilities, against a valid supply contract and a one-year agreement, violated Clause 2 Part 1 Article 13 of the Law “On the Fundamental Principles of State Regulation of Trading Activity in the Russian Federation”. The determination required the retail chain to eliminate the violations.

“AUCHAN” Ltd. disagreed with the decision and determination and filed a law suit.

The Arbitration Court of the Krasnodar region, the 15th Arbitration Appeal Court and the Arbitration Court of the North-Caucasus District dismissed the claim.

A press-release of Krasnodar OFAS points out that “AUCHAN” Ltd. is held administratively liable for the committed violation and an administrative fine is imposed - 2 500 000 RUB”.

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