Cassation drew a line in a dispute between FAS and the Ministry of Construction

09-11-2017 | 09:33

A document issued by the Ministry of Construction creates advantages to particular developers of concrete products

In 2016 FAS verified legitimacy of some provisions of the Code of Rules “Reinforced concrete framing of underground constructions and utility systems. Anticorrosion protection”, approved by an order of the Ministry of Construction.

The document sets requirements that should be taken in to account in construction, operation, repair and reconstruction of underground constructs and utility systems (underground elements of residential and public buildings, underground parking, metro tunnels, underground crossings, etc.), and designing anti-corrosion protection.

In particular, the Code of Rules gives general information on using concrete modifiers to increase its anti-corrosion resistance. The analysis carried out by the antimonopoly body showed that the document specified particular names and brand marks of such modifiers (“MB” and “EMBELIT”).

Deputy Head of FAS Rachik Petrosyan explained: “FAS conducted a survey of organizations – members of the Russian Association of Water Supply and Drainage”. The survey showed that the Code of Rules is perceived by some addressees as binding, although the document is not mandatory. Therefore, references to the goods of a particular producer was understood by businessmen as a directive requirement and force them to purchase only these goods”.

FAS found that the Code of Rules of the Ministry of Construction creates advantages for developers of the specified concrete modifiers and prevents development of other producers, since it deprives them of some buyers. FAS recognized that the Ministry of Construction violated Part 1 Article 15 of the Federal Law “On Protection of Competition”.

The violator disagreed with the decision of the antimonopoly body and filed a lawsuit. The Arbitration Court of the Moscow District, following the Court of First Instance and the Appeal Court dismissed the claim and supported FAS.

During the case investigation, the Ministry of Construction made amendments to the Code of Rules and removed references to the “MB” and “EMBELIT” markings.



Site Map

News & Events Press Releases Media Releases Image Library About the FAS Russia What We Do General Information Institutional Memory Mission, Goals, Values Priority Setting Stakeholders Engagement Center for Education and Methodics Our History Our Structure Powers of Head and Deputy Heads Our Ratings Global Competition Review 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 OECD meetings 2019 OECD meetings 2020 OECD meetings 2021 FAS Annual Reports OECD-GVH RCC RCC Newsletter ICAP Council on Advertising Headquarters for Joint Investigations UNCTAD 15th session IGE UNCTAD 16th session IGE UNCTAD 17th session IGE UNCTAD 18th session IGE UNCTAD 8th UN Conference on Competition 19th 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 COVID-19 Contacts Give feedback Contact us Links Authorities Worldwide