FAS GAVE A NEW DEADLINE TO THE MINISTRY OF HAELTHCARE TO DRAFT LICENSING REQUIREMENTS

The FAS Commission issued a definition to the Ministry of Healthcare of the Russian Federation with a new deadline for executing an earlier issued warning – 30 November 2019.

In October 2017, FAS Commission found that the Ministry of Healthcare of Russia violated Part 1 Article 15 of the Federal Law “On Protection of Competition”: the Ministry did not recruitments for all types of works and services that constitute medical activity.

FAS issued an order to the Ministry to set unified requirements to be met by license applicants and licensees by 1 February 2018.

The Ministry of Healthcare attempted to challenge FAS decision at Court. The Antimonopoly Service, however, proved legitimacy of FAS order at Court of First Instance, Appeal Court and Cassation Court.

Since the order was not fulfilled¹, the FAS Commission set ² a new deadline.

Reference:

¹ Under Clause 2.6 Article 19.5 of the Code of the Russian Federation on Administrative Violations, failure to execute a legitimate order of the federal antimonopoly body to stop violating the antimonopoly law of the Russian Federation is punishable by an administrative fine upon officials from 8000 to 12000 RUB or disqualification for up to three years.

² Under Part 7 Article 51 of the Federal Law “On Protection of Competition”, if a respondent to a case is held administratively liable for failure to execute a Commission order by the deadline,  within five working days after issuing an order on an administrative sanction, a definition on a new deadline for executing the earlier issued order should be passed.