CASSATION CONFIRMED THE DECISION OF THE LIPETSK REGIONAL OFFICE OF THE FAS RUSSIA ON CARTEL COLLUSION IN THE SPHERE OF HEALTH CARE

The Lipetsk Regional Office of the FAS Russia found that Medkompany, Avers-Medtech, Biospectr and Labexpert-M have violated the antimonopoly legislation*

It should be reminded that the Lipetsk Regional Office of the FAS Russia found that the companies were jointly preparing for the auction. In order to ensure the winning by one of the parties to the agreement, they refused to compete.

It led to the maintenance of the initial maximum contract price. The cartel's total revenue exceeded 316 million rubles.

The Lipetsk Regional Office of the FAS Russia recognized these companies violated the Law on Protection of Competition.

Disagreeing with the decision and rulings of the regional body, Avers-medtech and Medcompany appealed to the Arbitration Court of the Lipetsk region, then they appealed to the Nineteenth Arbitration Court of Appeal, and then to the Arbitration Court of the Central District. All three courts supported the position of the antimonopoly authority, denying violators to satisfy the stated requirements.

Administrative fine was imposed on the companies for cartel collusion, it amounted to about 17 million rubles. Besides, the case materials were transferred to law enforcement authorities, since the actions of the companies are seen as signs of Article 178 of the Criminal Code of the Russian Federation.

*According to paragraph 2 of part 1 of Article 11 of the Law on Protection of Competition, agreements between competing economic entities, i.e. between economic entities that sell goods on the same commodity market, or between economic entities that purchase goods on the same commodity market, are recognized as a cartel and are prohibited, if such agreements lead or may lead to an increase, decrease or maintenance of prices at auctions.