THE APPEAL SUPPORTED THE POSITION OF THE FAS IN APPROVING PREFERENCES FOR "ST. PETERSBURG PHARMACIES"

The Property Relations Committee of St. Petersburg tried to challenge the restrictions imposed by the FAS when approving preferences in order to protect the health of citizens

Recall that in 2021, the Property Relations Committee of St. Petersburg applied to the FAS Russia with a statement of consent to the provision of state preferences to the pharmacy chain. It was about the transfer of non-residential premises for rent for a period of 10 years to open pharmacies.

The FAS Russia approved the granting of preferences with a number of restrictions. These included the reduction of the duration of the preference to 1 year, the use of premises solely for the purpose of protecting the health of citizens, the ban on the opening of new pharmacies by the retail chain within the borders of St. Petersburg during the duration of the preference.

In addition, the Federal Antimonopoly Service has obliged pharmacies to sell at least two medicines in each category from the minimum assortment required for medical care*.

The Property Relations Committee did not agree with the restrictions and appealed against them, however, the Ninth Arbitration Court of Appeal sided with the FAS  Russia and refused to satisfy the applicant's claims in full. Earlier, the decision of the Authority was also supported by the court of the first instance.

Reference:

*The minimum range of medicines required for the provision of medical care was approved by the Decree of the Government of the Russian Federation of October 12, 2019 No. 2406-r