The Supreme Court confirmed FAS standpoint on the methods of analyzing the state of competition in bid-rigging cases
“Urals Radio-stations” JSC attempted to abolish the current analysis procedure when full market study is not necessary when collusion concerns only bid-rigging. In the company’s opinion, FAS must perform full analysis of the state of competition on the market in all cases, including bi-ridding cartels.
The basis for FAS position is that market analysis is carried out to investigate a particular case on violating the antimonopoly law and the scope of analysis, established under the “Procedure for analyzing the state of competition on the market” (No. 220 FAS Order of 28.04.2010) is sufficient to ascertain all case circumstances. The Court agreed with FAS arguments.
Earlier, on 4 July 2016 FAS found that “Urals Radio-stations” JSC and “Komplekt” Ltd., “Tekhtorg” Ltd., “Urals Plants” FIG” violated Clause 2 Part 1 Article 11 of the Federal Law “On Protection of Competition”.
Head of FAS Department, Konstantin Aleshin, commented: “Every Court ruling to our favour gives us a precedent, based on which we work more efficiently. The findings of the Appeal Collegium of the Supreme Court give FAS an additional argument to support our position”.