COURT SUPPORTED A CASE ON KHAKASSIA AGREEMENTS
The total sum of administrative fines exceeded 240 million RUB
On 2 March 2020, the 9th Arbitration Appeal Court confirmed legitimacy of the FAS decision.
On 27 August 2018, FAS found that some companies1 violated the Federal Law “On Protection of Competition”2. The economic entities – competitors entered into an oral anticompetitive agreement, the purpose of which was to maintain prices and make sure that particular cartel members would win auctions.
It was also recognized that the “Interdepartmental Procurement Centre” State Public Institution of the Republic of Khakassia (the auction organizer) and some companies3 violated the Federal Law “On Protection of Competition”4. The agreement concluded by the auction organizers and bidders resulted in restricting competition in the course of electronic auctions.
As a result of implementing the above agreements, prices were maintained throughout 29 electronic auctions for supplying medical product in Khakassia in 2016.
According to the FAS Commission, the total income of the gained by the participants due to winning auctions and concluding the governmental contracts exceeded 800 million RUB.
The criminal case opened by the Investigation Department of the Investigation Committee of the Russian Federation in the Republic of Khakassia against some persons – participants of the agreements is now under consideration at the Abakan Town Court of Khakassia.
Head of FAS Anti-Cartel Department, Andrey Tenishev pointed out: “The outcome of investigating the case and making a decision is, in particular, considerable saving of budgetary funds in the course of procurement of medicinal drugs and medical products in the Republic of Khakassia”.
1 “SDS” JSC, “R PHARM” JSC, “Aquadez M” Ltd., “FTsK” Ltd., “Aquadez” Ltd., “Garant M” Ltd., “AMK Alpha” Ltd., “MK VITA-POOL” Ltd., “TELA” Ltd., “Amadeus” Ltd., “Vitamed” Ltd., “Ruta” Ltd., “Garant” Research-and-Production Association” CJSC.
2 Clause 2 Part 1 Article 11 of the Federal Law “On Protection of Competition”.
3 “FTsK” Ltd., “AMK Alpha” Ltd., “TELA” Ltd., “R PHARM” JSC.
4 Clause 1 Part 1 Article 17 of the Federal Law “On Protection of Competition”.