FAS: REGIONAL OPERATOR IN THE FIELD OF MSW VIOLATED ANTIMONOPOLY LEGISLATION

FAS Russia found that Magnit LLC is abusing its dominant position and creating obstacles to other companies' access to the commodity market*

It should be reminded that FAS Russia initiated a case on violation of antimonopoly legislation against Magnit LLC following the results of consideration of a complaint from one of the market participants. The company appealed against the actions of the organizer of the auction for the provision of services for the transportation of solid municipal waste (MSW) in the Omsk region.

Based on the results of consideration of the complaint, FAS Russia found that Magnit violated the requirements of Law on Protection of Competition during the organization and conduct of the auction*.

The company deliberately formed the tender documentation in such a way (including unfavorable conditions for transporters) in order to limit the number of potential participants. In particular, the formation of lots does not take into account logistical factors, as well as economic and technical features of the activities of persons engaged in the transportation of MSW.

During the consideration of the case of violation of antimonopoly legislation, FAS Russia found that Magnit LLC not only formed unfavorable auction documentation, did not fully agree on the terms of the auction, but also violated the conditions that were agreed by the authorized body **.

FAS Russia concluded that the actions of the regional operator violate Law on Protection of Competition, prevent access to the market for the transportation of MSW in the Omsk region to other participants.

The company faces a fine in accordance with the Article 14.31 of the Code of Administrative Offences of the Russian Federation.

* Violation of Paragraph 9 of Part 1 of Article 10 of the Law on Protection of Competition

** Ministry of Natural Resources and Ecology of the Omsk Region