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

The anticompetitive agreement limited competition at the auction

In September 2021, FAS Russia recognized the Ministry of Health of the Rostov region and a number of medical state institutions of the region and the company* violated Article 16 of the Law on Protection of Competition.

Organizations and authorities have concluded an anticompetitive agreement at the auction for the provision of services for the treatment of medical waste of class "B" **. The agreement stipulated 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.

As a result, hospital officials and the organization were brought to administrative responsibility and have already paid fines. A criminal case has been initiated against officials of the regional Ministry by law enforcement authorities.

The participants of the conspiracy appealed the decision of the competition authority, but all three judicial instances supported the position of FAS Russia.

* Rostov-on-Don Regional Clinical Hospital No. 2, Municipal Budgetary Healthcare Institution City Hospital No. 20 of Rostov-on-Don, State Public Health Institution of the Rostov region DRC No. 4,  Novocherkassk State Medical University and Center 100 Rostov-on-Don LLC

** Medical waste of class "B" - epidemiologically hazardous waste accumulated by medical institutions, including plastic, biological waste, personal protective equipment, diapers, etc.