INGUSH REGIONAL OFFICE OF THE FAS RUSSIA REVEALED THE LARGEST CARTEL AT THE AUCTION OF MEDICAL PRODUCTS
The actions of the participants in the collusion, which covered about 7 thousand auctions worth about 9 billion rubles, were coordinated by the manufacturer of medical devices MPK Yelets LLC
The Commission of the Ingush Regional Office of the FAS Russia completed an investigation of the cartel conspiracy, which lasted almost 2 years and affected about 7 thousand purchases throughout the country. Employees of the department revealed in the actions of MEDSPB LLC, Optomed LLC, PrimeLLC and two individual entrepreneurs a cartel conspiracy totaling about 9 billion rubles.
As a result of the collusion, thousands of government contracts were concluded for the purchase of injection needles, disposable syringes and blood transfusion systems at maximum prices, if there is a possibility of optimizing them. The actions of the bidders could lead to an unjustified increase in prices for medical products, as well as to a decrease in the volume of purchased products.
The inspections were carried out with the support of law enforcement agencies, since the organizations hindered the employees of the Authority.
The antimonopoly authority found that the actions of the bidders were coordinated by the manufacturer of medical devices MPK Yelets LLC. At the same time, the collusion was implemented using state preferences to organizations that produce domestic products*.
The participants of the collusion used the "third extra" rule. It is applied in cases when two participants are producers of Russian goods, and the others are suppliers of foreign products. Simulating competition, they submitted two mutually agreed proposals. Due to this, the applications of the other participants were rejected, and the allies of the conspiracy divided the state contracts among themselves.
At the same time, the participants of the collusion appealed to the antimonopoly authorities, abusing the right to file complaints against competing organizations. In the applications, the participants of the conspiracy indicated that the customers did not use the “third extra” rule. At the same time, in the absence of collusion, they could not know about the content of the bids of other bidders.
The Ingush RO of the FAS Russia recognized MEDSPB LLC, Optomed LLC, Prime LLC, two individual entrepreneurs**, as well as the coordinator of the actions of the participants in the conspiracy of MPK Yelets LLC*** as violating the Law on Protection of Competition.
Companies face administrative fines of up to 50% of the initial (maximum) contract price***, the case materials will be transferred to law enforcement agencies.
* In accordance with part 3 of Article 14 of the Law on the Contract System, in order to protect the foundations of the constitutional system, ensure the defense of the country and the security of the state, protect the internal market of the Russian Federation, develop the national economy, support Russian commodity producers, regulatory legal acts of the Government of the Russian Federation establish a ban on the admission of goods originating from foreign states, works, services, respectively performed, rendered by foreign persons, and restrictions on the admission of these goods, works, services, including the minimum mandatory share of purchases of Russian goods, including goods supplied during the performance of purchased works, the provision of purchased services, and the list of such goods for the purposes of procurement
** In accordance with paragraph 2 of Part 1 of Article 11 of the Law on Protection of Competition
*** In accordance with Part 5 of Article 11 of the Law on Protection of Competition
**** In accordance with Article 14.32 of the Administrative Code of the Russian Federation