APPEAL UPHELD FAS IN CASES OF ANTI-COMPETITIVE AGREEMENTS AT AUCTIONS FOR THE TRANSPORTATION OF MSW WORTH 7.7 BILLION RUBLES
Implementation of anti-competitive agreements affected 5 regions of the country
The Ninth Arbitration Court of Appeal recognized as lawful the decisions and rulings on the imposition of fines by the Authority against the regional operator for the treatment of MSW in the Kurgan region and five companies providing services for transportation of MSW in the Sverdlovsk, Kurgan, Tyumen, Murmansk regions and Khanty-Mansiysk Autonomous District – Yugra.
Earlier, FAS Russia recognized Clean City LLC and Ecosystem Company LLC as violating antimonopoly legislation*. The organizations entered into an anti-competitive agreement, which led to restriction of competition at the auction.
Besides, FAS Russia also found that Ecosystem Company LLC, Transservice LLC, Turaservice-N LLC, Ecotrans LLC and PTK LLC violated antimonopoly legislation**. The companies have concluded and implemented a competition-limiting agreement (cartel). Illegal activities have led to the maintenance of prices at auction.
The total value of all concluded contracts was 7 744 490 070 rubles.
Fines in the amount of 325 409 640 rubles were imposed on organizations for the conclusion and implementation of two anti-competitive agreements.
The decisions and resolutions of FAS were previously supported by the Moscow City Arbitration Court.
Reference:
* Paragraph 1 of the Part 1 of the Article 17 of the Federal Law of July 26, 2006
No. 135-FZ "On Protection of Competition";
** Paragraph 2 of the Part 1 of the Article 11 of the Federal Law of July 26, 2006 No. 135-FZ "On Protection of Competition".