THE APPEAL UPHELD THE LEGALITY OF THE FAS RUSSIA DECISION AND REMEDY IN RELATION TO ROSKONTROL

Earlier, the Authority banned the use of the prefix "ROS-" in the name of the system of voluntary certification of goods, since it causes a false association with the participation of the state in its activities

According to the FAS Russia, the illegal use of the prefix "ROS-" in the name of the system is an act of unfair competition, as it misleads consumers. It may also lead to the decrease in demand for the services of competing companies in the market of voluntary certification systems.

In 2021, FAS Russia issued a warning to legal entities included in the Roskontrol project on the need to stop such practices. The organizations did not comply with the FAS Russia warning. For this reason, the Authority initiated an antimonopoly case, based on the results of consideration of which it established the fact of violation of the law** and issued a remedy on the termination of the use of the "ROS-" element during the individualization of the Roskontrol system.

The company appealed the decision and the remedy of the Authority, but the Ninth Arbitration Court of Appeal sided with the FAS Russia. Earlier, the decision and the remedy of the FAS Russia were also supported by the court of first instance.

Reference:

* ANO National Institute of Expertise and Quality Control, ROO ZPP Union of Consumers R.O.S. Control and AO Agency RK-Media

** Article 14.2 of the Law on Protection of Competition