FAS INITIATED A CASE AGAINST SBERBANK PJSC AND SBERBANK LIFE INSURANCE LLC
The authority has identified signs of an anticompetitive agreement in the actions of organizations
Earlier, FAS Russia received appeals from citizens about the imposition of the Domclick Plus package of services, which includes the services of the insurer. This package provides a discount on the interest rate under the mortgage loan agreement with Sberbank PJSC. Domclick Plus includes a life and health insurance policy from Sberbank Life Insurance LLC and other services.
The activation of the service package is voluntary and does not affect the bank's decision on lending, but the interest rate on the loan depends on it. Previously, in order to receive a discount to the interest rate, the borrower had to conclude a life and health insurance contract with any insurance company accredited by the bank. Now, such a 1 % discount is provided only while the borrower pays for the Domclick Plus package of services.
At the same time, in September 2023, the resolution of the Government of the Russian Federation No. 39* entered into force, which establishes the conditions for the admissibility of agreements between credit and insurance organizations. One of them is to provide the borrower with the opportunity to maintain credit conditions upon receipt of a loan, regardless of whether he purchases additional services from a bank or independently concludes an agreement with any insurer that meets the established requirements**.
According to FAS Russia, the offer of Sberbank PJSC and Sberbank Life Insurance LLC to obtain a loan on more favorable terms only if additional services are purchased from an insurer determined by the bank limits other market participants and citizens. Such actions deprive insurers of the opportunity to provide their services to customers and affect the general conditions of their treatment. The authority sees signs of an anticompetitive agreement in the actions of the bank and the insurer***. In case of finding fault, companies face turnover fines from the amount of revenue on the market in accordance with the Administrative Code of the Russian Federation****.
For reference:
* Resolution of the Government of the Russian Federation No. 39 of 18.01.2023 "On the admissibility of agreements between credit and insurance organizations, as well as Foreign Insurance Organizations and on the Invalidation of Certain Acts and a Separate Provision of the Act of the Government of the Russian Federation" approved General exceptions to agreements between credit and insurance organizations
** The insurance company must comply with the bank's requirements for insurance organizations or have a credit rating level of "A" or higher
*** Part 4 of Article 11 of Federal Law No. 135-FZ of July 26, 2006 "On Protection of Competition"
**** Article 14.32 of the Administrative Code of the Russian Federation