THE COURT SUPPORTED THE POSITION OF THE FAS RUSSIA IN THE CASE OF "PARALLEL" IMPORT

The authority’s decisions regarding KYB Corporation and Daimler A. G. are of a precedent nature. For the first time, the antimonopoly authority recognized the obstruction of the activities of independent importers as a violation of the antimonopoly legislation

The Arbitration Court of Moscow confirmed the legality of the decisions, orders and resolutions of the FAS Russia in relation to the companies KYB Corporation and Daimler A. G.

Earlier, the FAS Russia’s commission considered two cases on complaints of TMR Import LLC and AVTOlogistika LLC against the actions of the world's largest auto parts manufacturers KYB Corporation and Daimler A. G.

Independent importers made attempts to obtain permits from manufacturers for the import of original automobile spare parts purchased abroad, marked with the trademarks of the copyright holders, but their appeals were not considered.

The authority decided that the competitive tactics of the right holders, who allow some importers and prevent others, leads to a restriction of competition. This situation allows official importers to manipulate prices and assortment, thereby limiting the choice of consumers.

As part of the consideration of these cases, the antimonopoly authority found that the copyright holder and its official distributor do not have any procedure (regulations) for consideration of applications from independent importers for permission to import goods marked with the trademark of the copyright holder into the territory of Russia. There are also no established criteria for evaluating such appeals and the grounds for issuing or refusing to issue a corresponding permit.

The Commission of the FAS Russia recognized the actions of KYB Corporation and Daimler A. G. as the act of unfair competition and issued requirements to the companies to eliminate the detected violations by adopting special regulations for considering applications from independent importers for consent to import goods marked with the trademarks of the copyright holders.

Besides, cases of administrative offenses were considered against the companies and the fine of 300 thousand rubles was imposed on each company for violations of the Law on Protection of Competition.

KYB Corporation and Daimler A. G. did not agree with the acts adopted against them and appealed them in court. The Court of first instance supported the position of the antimonopoly authority and upheld all the adopted acts.

Reference:

For several years, the FAS Russia has consistently advocated granting independent (parallel) Russian importers the right to import original goods into the territory of Russia without the consent of the copyright holder. The Antimonopoly authority proposes to legalize "parallel" imports at the level of the Eurasian Economic Union.

KYB Corporation is one of the largest manufacturers of shock absorbers and hydraulic equipment in the world.

Daimler AG is a multinational automotive concern, one of the world's leading automakers.

The Article 14.33 Unfair competition of the Administrative Code of the Russian Federation entails the imposition of the administrative fine on legal entities-from 100 thousand to 500 thousand rubles.