FAS ISSUED WARNING TO THE MANUFACTURER OF CASH REGISTER EQUIPMENT EVOTOR

FAS received complaints on violations of the antimonopoly legislation from organizations and entrepreneurs using Evotor cash register equipment

The FAS found that Evotor LLC directed a software update to the cash register equipment models of its production, after which the SIM cards of third-party mobile radiotelephone operators stopped working on these models of equipment. The company also informed users of this equipment about the need to replace SIM cards with special “smart cards” by Evotor.

It is important to note that SIM cards are necessary for the transfer of information via the mobile Internet by the operator of fiscal data and further to the tax authorities. Without transferring relevant information, the entrepreneurs risk to violate the tax laws.

The actions of the company Evotor, expressed in imposing disadvantageous contract conditions to cash register equipment users, contain the signs of violation of the Law on Protection of Competition*.

The FAS issued a warning to the company to eliminate the violation. The company has to execute it by September 30, 2020.

According to the Paragraph 3 of the Part 1 of the Article 10 of the Law on Protection of Competition, actions (lack of action) of an economic entity occupying a dominant position, which result or can result in prevention, restriction or elimination of competition and (or) infringement of the interests of other persons (economic entities) in the sphere of entrepreneurship activity or indefinite range of consumers are prohibited, including imposing contractual terms upon a counteragent which are unprofitable for the latter or not connected with the subject of agreement (economically or technologically unjustified and (or) not provided for directly by the Federal Laws, statutory legal acts of the President of the Russian Federation, statutory legal acts of the Government of the Russian Federation, statutory legal acts of the authorized federal executive authorities or judicial acts, requirements for transferring financial assets, other property, including property rights, as well as consent to conclude a contract on conditions of including in it provisions, concerning the goods in which the counteragent is not interested and other requirements).