MEDICAL CARTEL KEEPS LOSING AT COURT
The 7th Arbitration Appeal Court supported another decision of Novosibirsk OFAS that Meshalkin National Research Medical Centre on violating the antimonopoly law at auctions
In 2018 Novosibirsk OFAS exposed several violations of the antimonopoly law in the course of procurement of medicinal drugs and medical products by Meshalkin National Research Medical Centre.
Upon the exposed violations, Novosibirsk OFAS investigated five antimonopoly cases, in two of which collusion between the ordering party and bidders was found and in three cases – a bid-rigging cartel.
The Arbitration Court confirmed the fact of violating the law by a group of persons comprising: “BSMP” Ltd., “TsRM Siberia” Ltd., “Stolitsa” Medicine development Centre” Ltd., and a group of persons comprising: “STiP” Ltd. and “Vita Component” Ltd. - Clause 2 Part 1 Article 11 of the Federal Law “On Protection of Competition” at 43 procurements for supplying medical products; the total proceeds of the participants exceeded 830 million RUB.
Earlier Courts also supported decisions of the antimonopoly bodies with regard to “FITO Company” Ltd. and “Terra” Ltd. (Court of First Instance, Appeal Court and Cassation Court), the same companies and the ordering party - Meshalkin National Research Medical Centre (Court of First Instance and Appeal Court), the ordering party and “Favorit” Ltd. (Court of First Instance and Appeal Court), as well as “Favorit” Ltd. and other cartel members (Court of First Instance and Appeal Court).
Criminal cases are currently open against medical officers of Meshalkin National Research Medical Centre: two top-managers, Deputy Director of the clinic and former Director on suspicion of fraud (Article 159 of the Criminal Code of the Russian Federation) and legalizing criminal revenue (Article 171.1 of the Criminal Code of the Russian Federation).