FAS: “STEP” E-SITE UNLAWFULLY DEPRIVED PHYSICAL PERSON OF A RIGHT TO PARTICIPATE IN AN AUCTION

The trading site did not allow an interested person to take part in the auction in breach of its own regulations, which restricted competition

FAS received a complaint from an individual about actions of the “STEP” e-site operator and the North-West Centre of Research-and-technological Support of Industrial Security and Expert Examination in the course of selling debtor’s property at an auction – an over 100 m² apartment in the centre of St Petersburg of the initial price 6.6 million RUB.

The FAS Commission established that the e-site did not allow the claimant was not allowed to take part in the auction in breach of its own regulations.

A physical person put a deposit for bidding at the auction and transferred the service fee to the account of the e-sit operator but was not able to file an auction application.

“The operator blocked the possibility for the participant to file an auction application before obtaining the service commission, although the regulations do not specify that participants cannot file applications before paying the commission to the site.  Plus the site will get the money only if a bidder wins”, explained Head of FAS Department for Control over Construction and Natural Resources, Oleg Korneev.

FAS ordered the auction organizer to abolish the auction results by 26 June and set the new date and time for accepting the auction applications. According to Deputy Head of FAS Department for Control over Construction and Natural Resources, Oksana Malaya, executing FAS order will allow to repeat the auction with more participants.

“Unlawful refusals to auction participants is one the widespread violations. This violation is a consequence of absence of common rules and a single pool of e-sites for sale of debtors’ property. Today there are plenty of e-sites, each of which set their own registration requirements. Unifying the procedure, defining and introducing clear registration rules and common requirements to e-sites will protect the rights of potential bidders”, emphasized Deputy Head of FAS Rachik Petrosyan.