THE APPEAL SUPPORTED FAS IN THE CASE OF COLLUSION IN THE SPHERE OF TREATMENT OF MEDICAL WASTE

The Ninth Arbitration Court of Appeal recognized as lawful the decision of FAS against the Ministry of Health of the Rostov region, a number of medical state institutions* of the region and Center 100 Rostov-on-Don LLC on the fact of violation of Article 16 of the Law on Protection of Competition**.

In September 2021, FAS recognized organizations and authorities as violating antimonopoly legislation. They concluded an anti-competitive agreement, the result of which was the restriction of competition at auctions for the provision of services for the treatment of medical waste of class "B". The agreement presupposed the subsequent conclusion of contracts with a supplier pre-determined by the regional Ministry of Health - Center 100 Rostov-on-Don LLC. At the same time, the company did not meet the requirements of the procurement documentation.

Organizations and their officials face fines in accordance with the Administrative Code of the Russian Federation. Earlier, the decision of the antimonopoly service was also supported by the court of first instance (https://fas.gov.ru/news/31880 ).

Reference:

* State Budgetary Institution of the Rostov region OKB № 2, Municipal Budgetary Healthcare Institution Rostov-on-Don City Hospital № 20, State Healthcare Institution of the Rostov region DRS № 4, Municipal Budgetary Healthcare Institution Novocherkassk City Emergency Hospital and Rostov-on-Don Center 100 LLC.

**Article 16 of the Law on Protection of Competition stipulates prohibition of  agreements restricting competition between regional state authorities of subjects, other bodies and organizations performing their functions, as well as economic entities.

Medical waste of class “B” is epidemiologically hazardous waste accumulated by medical institutions, including plastic, biological waste, personal protective equipment (including masks and gloves), diapers, etc.