FAS: “MOSGOSEXPERTIZA” AND “MOSOBLGOSEXPERTIZA” BREACHED THE ANTIMONOPOLY LAW

They unlawfully combined functions of an authority with the functions of an economic entity, offering the services for private expert examination of design documentation and engineering survey findings

Earlier FAS received information from “Ecology Stroi” about signs of violating the antimonopoly law by “Mosgosexpertiza” State Autonomous Agency, “Mosoblgosexpertiza” State Autonomous Agency of the Moscow region, “Lenoblgosexpertiza” State Autonomous Agency.

FAS found that the organizations authorized to perform public expert examination also carried our private examination, which contains elements of violating Part 3 Article 15 of the Federal Law “On Protection of Competition”. The organizations were issued warnings to terminate combining the functions of regional executive bodies with the functions of economic entities.

State expert examination is a function of the authorities*. Private expert examination is performed by legal entities accredited for the right to carry out private expert examination.

“Lenoblgosexpertiza” executed the warning while “Mosgosexpertiza” and “Mosoblgosexpertiza” stated that their actions did not violate the antimonopoly law.

FAS opened cases against the Moscow organization and the organization of the Moscow region that provide expert examination services. The proceedings are initiated under Part 3 Article 15 of the Federal Law “On Protection of Competition”.

Head of FAS Department for Control over Construction and Natural Resources Oleg Korneev emphasized: “FAS Commission established that “Mosgosexpertiza” and “Mosoblgosexpertiza” unlawfully combined the functions of public authorities and economic entities. They are ordered to eliminate the violations of the valid law. As of today, at least 800 companies operate on the market of private expert examination** and actions of public authorities could have adversely affected the state of competition on the market”.

Reference:

* Under Part 1 Article 6.1 of the Civil Code of the Russian Federation, public expert examination, except specified in Clause 5.1 Article 6 of the Civil Code of the Russian Federation, is within the powers of the regional authorities.

** On 07.12.2018, the Register of accredited entities for private expert examination of the Federal Accreditation Service comprised:

- 293 legal entities possessing valid accreditation certificates entitling to perform private expert examination of engineering survey findings;

- 588 legal entities possessing valid accreditation certificates entitling to perform private expert examination of design documentation.