THE CASSATION CONFIRMED THE LEGALITY OF THE FAS FINE AGAINST RUSHYDRO
The Arbitration Court of the Moscow District dismissed the causation appeal of RusHydro PJSC against the decision of the Authority on imposing an administrative fine.
In July 2020 FAS recognized RusHydro and Stroyline LLC as violating the Law on Protection of Competition. The companies entered into an anti-competitive agreement at the auction*. The goal was to limit competition in trading procedures for Stroylin. Auctions were held for the implementation of construction works at the Sayano-Shushenskaya Hydroelectric Power Station. The companies, disagreeing with the decision of the FAS Russia, appealed it in three courts, but they all supported the position of the Authority.
FAS imposed a fine on RusHydro** in the amount of 8,976,710 rubles for violating antimonopoly legislation.
The company appealed the decision of FAS on the imposition of a fine in the courts of three instances. Earlier, the Arbitration Court of Moscow and the Ninth Arbitration Court of Appeal also upheld the decision of the Authority.
For reference:
*Paragraph 1 of part 1 of Article 17 of the Law on Protection of Competition
** Part 2 of Article 14.32 of the Administrative Code of the Russian Federation