CASSATION CONFIRMED LEGALITY OF THE FAS FINE IN THE AMOUNT OF 44.6 MILLION RUB

TC "Ruslan-1" LLC is obliged to transfer it to the federal budget

It should be reminded that in October 2021, the authority recognized the organization as violating the Law on Protection of Competition* and imposed a fine of 44.6 million rubles. TC "Ruslan-1" LLChas concluded a competition-limiting agreement with the Roads and Transport Administration of the Lipetsk region and the regional state institution OKU Lipetskavtodor as a part of an electronic auction for the repair of public roads in the Lipetsk region. The initial price of the contract was 305 million rubles.

Part of the funds for the repair work was allocated within the framework of the national project "Safe high-quality roads".

Currently, law enforcement agencies have initiated and are investigating a criminal case against officials of the Department of Roads and Transport of the Lipetsk region and the OKU Lipetskavtodor.

At the same time, TC "Ruslan-1" LLCappealed in court the decision of the authority on the imposition of a fine. The court of first instance reduced the amount of the fine for the company from 44.6 to 7.4 million rubles. This decision was supported by the Court of appeal.

FAS Russia, not agreeing with this position, appealed to the court with a cassation appeal. The Arbitration Court of the Moscow District noted that anti-competitive collusions are the most serious violations of antimonopoly legislation, and their conclusion leads to limited access to the market and undermines the foundations of the market economy, leading to the loss of budget funds. In addition, the deterioration of the current financial situation of the offending company cannot reduce its responsibility for previous illegal behavior.

Thus, the court recognized as lawful the decision of FAS Russia on the imposition of an administrative fine in the initial amount of 44.6 million rubles, canceling the decision and the resolution of the lower level courts.

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