Russian Competition Authority

Russian Federal Antimonopoly Service

The FAS Russia is a multifunctional authority, which, along with its 84 Regional Offices, exercises a wide range of functions differ greatly from the competences of “classical” competition authority. The FAS Russia at the modern stage The FAS Russia today has a number of competences, which gives a synergetic effect in practice, despite of its quantity and, from the first glance, relative mismatch. They design an effective base for creation of competitive economy. By the beginning of IV quarter of 2014 the FAS Russia exercises the following functions:
- State regulation over compliance of economic entities with the competition law;
- Control over observing competition rules by the authorities, including control over state preferences (state aid);
- Control over public procurement, including the sphere of defense and security;
- Control over natural monopolies’ activity (excluding tariff regulation);
- Control over allocation of property, resources, rights on a competitive basis stipulated in the sectoral legislation;
- Control over advertising law compliance;
- Control over trade legislation compliance;
- Control over foreign investments in strategic industries;
- Control over unfair competition;
- Control over compliance with competition rules in the sphere of intellectual property;
- Specific control functions in defense industries and electricity sector.

Articles

6995 Bulletin

Russian Competition Authority The Russian Competition Authority opens administrative proceedings against an international audit company for its possible participation in an anticompetitive agreement (Deloitte)

49

FAS opened an administrative case against Russian office of “Deloitte”* On 15 May 2017, FAS opened administrative proceedings against “Deloitte and Tuche CIS” CJSC – Russian representative office of an international audit company “Deloitte”. In March 2017, investigating an antimonopoly case “on a (...)

Russian Competition Authority The Arbitration Court of Moscow confirms that a technology company has abused of its dominance on the market of pre-installed app stores (Google)

127

Appeal Court supported FAS in a dispute with “Google”* On 17 August 2016, the 9th Arbitration Appeal Court pronounced legitimacy and reasonableness of the decision of the Federal Antimonopoly Service (FAS Russia) on a case against “Google” abusing dominance on the market of preset application (...)

Russian Competition Authority The Russian Competition Authority welcomes the payment of the fine imposed on an electricity provider for failure to submit information (Promyshlennaya Energetika)

22

“Promyshlennaya Energetika” paid the fine* “Promyshlennaya Energetika” OJSC fulfilled a determination issued by the Federal Antimonopoly Service (FAS Russia) and paid 300,000 fined imposed for failure to comply with the Information Disclosure Standards for the participants of wholesale and retail (...)

Russian Competition Authority The Moscow Arbitration Court confirms that a pharmaceutical company has abused of its dominance by stopping to supply insulin (Novo Nordisk)

137

Cassation Court confirmed: “Novo Nordisk” violated the antimonopoly law* On 21 October 2015, the Arbitration Court of the Moscow District upheld the ruling of the 9th Arbitration Appeal Court of 29 June 2015 and dismissed a cassation appeal of “Novo Nordisk” against the decision of the Federal (...)

Russian Competition Authority The Moscow Arbitration Court confirms that an electricity provider has abused its dominance on the market of electric power transmission (MRSK Siberia)

119

Arbitration Court supported Kemerovo OFAS in a dispute with “MRSK Siberia”* Arbitration Court of the Kemerovo Region pronounced legitimacy and determination of the Office of the Federal Antimonopoly Service in the Kemerovo Region (Kemerovo OFAS) with regard to “MRSK Siberia” OJSC. The company (...)

Russian Competition Authority The Russian Supreme Court confirms that companies have restricted competition on the market of residential housing construction (Spetspromsnab)

23

The Supreme Court of the Russian Federation supported a decision of Lipetsk OFAS* The Supreme Court of the Russian Federation supported the Office of the Federal Antimonopoly Service in the Lipetsk region (Lipetsk OFAS) and dismissed a claim of “Spetspromsnab” SU” Ltd. to transfer a supervisory (...)

Russian Competition Authority The Russian Competition Authority finds that a smartphone operating system developer abused of its dominance on the market of pre-installed app stores (Google)

114

“Google” abuses its dominant position on the market of pre-installed application stores in “Android” OS* The FAS Commission arrived to that conclusion on 14th September 2015, based on investigating the case against “Google Inc, Google Ireland” Ltd., “Google” Ltd. FAS found that “Google Inc. Google (...)

Russian Competition Authority The Russian Competition Authority welcomes the payment of the fine imposed on an electricity provider for abuse of dominance (Gorelektroset)

44

Novokuznetsk Electric Grid Company – “Gorelektroset” paid a 2-million fine* “Gorelektroset” Ltd. notified the Office of the Federal Antimonopoly Service in the Kemerovo region (Kemerovo OFAS Russia) about paying the 2-million fine. In April 2014 Kemerovo OFAS Russia found that the company violated (...)

Russian Competition Authority The Arbitration Appeal Court confirms the bid-rigging decision pronounced by the Russian Competition Authority on the construction market (Vozrozhdenie)

76

Appeal Court pronounced legitimacy of the decision and fine on a bid-rigging case against the Commandant’s Office of the internal troops of the Ministry of Interior* On 17 August 2015, the 9th Arbitration Appeal Court dismissed the claim of “Vozrozhdenie” Construction Company” Ltd. and pronounced (...)

Russian Competition Authority The Moscow Arbitration Court supports the Russian Competition Authority position concerning a cartel case involving the Ministry of transport and a company (MIIT)

43

Cassation Court fully supported FAS position on a cartel case against the Ministry of Transport and MIIT* Arbitration Court of Moscow District upheld the ruling of the 9th Arbitration Appeal Court that pronounced legitimacy and reasonableness of the decision of the Federal Antimonopoly Service (...)

Russian Competition Authority The Moscow Arbitration Court confirms the decision of the Russian Competition Authority having prohibited vertical agreements on the market of equipment for industrial laundry (VMW)

54

Cassation Court supported FAS decision on a case on prohibited “vertical” agreements* On 1 July 2015, the Arbitration Court of the Moscow District dismissed a cassation appeal of “Food Technologies” Trading House” Ltd., “BT Machinery” Ltd. and “Obschepitoborudtorg” Ltd. Thus, the Court pronounced (...)

Russian Competition Authority The Russian Competition Authority pursues its investigation concerning a vertical agreement in the electrical equipment market (Argus-Spektr)

28

FAS continues holding dealers of “Argus-Spektr” CJSC administratively liable* The Federal Antimonopoly Service continues administrative proceedings upon the fact of concluding prohibited “vertical” agreements between “Argus-Spektr” CJSC and its dealers. As of today, 40 dealers are held liable, the (...)

Russian Competition Authority The Arbitration Court of Moscow confirms the decision of the Russian Competition Authority having concluded that a pharmaceutical company has abused of its dominance (Baxter)

27

Cassation Court: FAS decision and determination regarding “Baxter” are legitimate* On 16 June 2015, the Arbitration Court of the Moscow District (Cassation Court) confirmed legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) as well as the Order to hold (...)

Russian Competition Authority The Russian Federal Arbitration Court of the North-Western Federal District confirms the fine imposed on a company for creating discriminatory conditions in the retail market (Lenta)

30

Court confirmed legitimacy of the 2-million fine for “Lenta”* The Federal Arbitration Court of the North-Western Federal District confirmed legitimacy of the determination of the Office of the Federal Antimonopoly Service in St Petersburg (St Petersburg OFAS Russia) on an administrative fine (...)

Russian Competition Authority The Russian Competition Authority welcomes the decision of the gravel manufacturer aiming to end a practice constituting an abuse of dominance (Sharkhinsky Quarry)

23

A gravel producer in Crimea voluntarily eliminated violations of the antimonopoly law* The Federal Antimonopoly Service (FAS Russia) terminated the case against “Sharkhinsky Quarry” Shareholding Company in the part of abusing dominance (Clause 6 Part 1 Article 10 of the Federal Law “On (...)

Russian Competition Authority The Russian Competition Authority concludes that two undertakings concluded an anticompetitive agreement in the market of supplies of frozen swai fillet from Vietnam (VASEP)

16

FAS found that the Association of Production and Trading Enterprises of the Fish Market and the Vietnam Executive of Seafood Export to Russian Market concluded a prohibited agreement* On 30th May 2014, the Federal Antimonopoly Service (FAS Russia) found that the “Association of Production and (...)

Russian Competition Authority The Russian Constitutional Court confirms that unscheduled inspections launched by the Russian Competition Authority are legitimate (Argus-Spektr)

11

FAS unscheduled inspections are legitimate* On 14 May 2015, the Constitution Court of the Russian Federation dismissed the claim of “Argus-Spektr” CJSC regarding the norms of No.135-FZ Federal Law “On Protection of Competition” on unscheduled inspections by the antimonopoly body. “For already two (...)

Russian Competition Authority The Moscow Arbitration Court upholds the sanction pronounced by the Russian Competition Authority to a company that have restricted the competition in the market of the auctions for supplying two sets of measurement equipment (Sozvezdie)

7

Arbitration Court supported the position of the antimonopoly body in a case on violating the law by “Sozvezdie” Concern” OJSC* Arbitration Court took the side of the Office of the Federal Antimonopoly Service in the Voronezh region (Voronezh OFAS Russia) in a dispute with “Sozvezdie” Concern” (...)

Russian Competition Authority The Moscow Arbitration Appeal Court confirms that an undertaking and its retailers have concluded an anticompetitive vertical agreeement (Vyazma Machine-Building Works)

31

Appeal Court confirmed legitimacy of FAS decision on a case on prohibited “vertical” agreements* On 26 March 2015, the 9th Arbitration Appeal Court dismissed appeals of “Vyazma Machine-Building Works” OJSC (“VMZ” OJSC) and its dealers to abolish the judgment of Moscow Arbitration Court (1). Thus, (...)

Russian Competition Authority The Arbitration Court of Moscow confirms the sanctions imposed on an association having restricted competition but reduced the fine pronounced (Association of Operators of Orenburg Regional Alcohol Market)

18

In the course of the case reconsideration, Court confirmed legitimacy of FAS decision with regard to the “Association of Operators of Orenburg Regional Alcohol Market”* On 13 February 2015, the 18th Arbitration Appeal Court partly allowed an appeal of the Federal Antimonopoly Service (FAS (...)

Russian Competition Authority The Russian Supreme Court judges that several chemical companies have not fixed monopolistically high prices concerning the apatite concentrate (FosAgro)

13

The Supreme Court supported FAS approaches to apatite concentrate pricing* The findings of the Supreme Court of the Russian Federation on a petition of “Mineral Fertilizer Plant of Kirovo-Chepetsk Chemical Works” about actions of the “FosAgro” Group supported the Recommendations of the Federal (...)

Russian Competition Authority The Russian Competition Authority sanctions an electricity provider having imposed disadvantageous contract conditions for abuse of dominance (IDGR)

23

Imposing disadvantageous conditions by “IDGR of the North-West” is unlawful* On 20 January 2015, the Arbitration Court of Moscow District pronounced legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) with regard to “Interregional Distribution Grid (...)

Russian Competition Authority The Russian Competition Authority warns a director of manufacturing company of teas and coffees for having publicly forecasted an increase of coffee and tea prices (Rusteacoffee)

6

“Rusteacoffee” General Director is warned by FAS for publically forecasting a growth of coffee and tea prices* The Federal Antimonopoly Service (FAS Russia) issued a warning to Ramaz Chanturia, the General Director of “Rusteacoffee” Russian Association of Tea and Coffee Producers” Non-Profit (...)

Russian Competition Authority The Moscow Arbitration Court confirms that a distributor has abused of its dominance by creating discriminatory conditions in determining the costs of goods advertising services (ATAK)

29

Cassation Court confirmed that creating discriminatory conditions for advertising goods in the “ATAK” stores are unlawful* On 18 December 2014, the Arbitration Court of the Moscow District supported the arguments put forward by the Federal Antimonopoly Service (FAS Russia) against “ATAK” Ltd. (...)

Russian Competition Authority The Russian Competition Authority concludes that several undertakings have concluded an anticompetition agreement in the electronic maintenance market (Vostok)

23

FAS exposed a bid-rigging cartel at auctions for maintenance of М-54 “Yenisei” Highway* The Federal Antimonopoly Service (FAS Russia) found that “Vostok” Ltd., “Dorogi Sibiri” Ltd., “No.364 DEP” OJSC, “No.363 DEP” OJSC and an individual entrepreneur Oganesyan violated the Federal Law “On Protection of (...)

Russian Competition Authority The Moscow Arbitration Court confirms that a group of undertakings has concluded an anticompetitive agreement and abused of their dominance (TGK Urissinaskaya GRES)

18

Court confirmed FAS decision and recognized that “Volzhsk TGK”, “TGK-6” and “TGK Urissinaskaya GRES” were manipulators* On 11 December 2014, Moscow Arbitration Court supported the decision of the Federal Antimonopoly Service (FAS Russia) on an antimonopoly case against “TGK Urissinaskaya GRES” CJSC (...)

Russian Competition Authority The Moscow Arbitration Court confirms that two banking companies have concluded an anticompetitive agreement (Bank PSA Finance RUS / Rusfinance Bank)

29

Arbitration Court: obligations of “Rusfinance Bank” under the framework of cooperation with “Bank PSA Finance RUS” are anticompetitive* On 9 December 2014, Moscow Arbitration Court dismissed the claim of “Bank PSA Finance RUS” Ltd. to invalidate FAS decision on an antimonopoly case against “Bank PSA (...)

Russian Competition Authority The Moscow Arbitration Court rejects the fact that its press release has harmed to the business reputation of an undertaking (Argus-Spektr)

11

Cassation Court confirmed that the business reputation of “Argus-Spektr” CJSC was not harmed* On 4 December 2014, Moscow Arbitration Court upheld the rulings of the lower Courts to dismiss the claim of “Argus-Spektr” CJSC to protect the company’s business reputation and recover 1 million RUB from (...)

Russian Competition Authority The Russian Competition Authority sends a warning to a director of an undertaking for unfounded forecasting in the pasta products market (Extra M)

5

FAS issued a warning to the General Director of “Extra M” OJSC for unfounded forecasting* On 28 November 2014, the Federal Antimonopoly Service (FAS Russia) issued a warning to the General Director of “Extra M” OJSC, Andrey Dribny, not to exercise actions that can result in violating the (...)

Russian Competition Authority The Moscow Arbitration Court confirms the decision of the Russian Competition Authority sanctioning an anticompetitive agreement on the the market of auto loans for physical persons (URALSIB / Volkswagen)

29

Cassation Court supported FAS in a dispute with “URALSIB” bank and “Volkswagen RUS Bank”* On 18th November 2014, the Federal Arbitration Court of the Moscow District dismissed the cassation appeal of “URALSIB” OJSC to abolish judicial acts that recognized legitimacy of the decision and determination (...)

Russian Competition Authority The Russian Competition Authority issues its decision sanctioning an undertaking having fixed retail prices for gasoline at refueling stations in the Kamchatka region (Kamchatnefteproduct)

28

FAS terminated a case against “Kamchatnefteproduct”* The Federal Antimonopoly Service (FAS Russia) issued a decision on the case against “Kamchatnefteproduct” OJSC. On 17th April 2014, the Office of the Federal Antimonopoly Service in the Kamchatka region (Kamchatka OFAS Russia) opened (...)

Russian Competition Authority The Moscow Arbitration Court confirms the bid-rigging decision of the Russian Competition Authority on the case on crab auctions (Aquaresource)

20

Arbitration Court supported FAS position on the case on crab auctions* On 27th October 2014, Moscow Arbitration Court dismissed the claim of “Aquaresource- DV” Ltd. to invalidate FAS decision and determination. On 19th February 2014 FAS found that “Aquaresource- DV” Ltd., “Taifun” Ltd., and (...)

Russian Competition Authority The Moscow Arbitration Appeal Court confirms that the behavior of an authority has created disadvantages having resulted in monopolization of the relevant market pushing the only competitor out of the market (Cash Settlement Centre)

9

Appeal Court: Cheboksary Authority created advantages for “Cash Settlement Centre” OJSC in the prejudice of a competitor* On 8th October 2014, the 9th Arbitration Appeal Court upheld the judgment of Moscow Arbitration Court that the decision and determination on the case on violating the (...)

Russian Competition Authority The Russian Competition Authority open proceedings against railways company for failure to execute the warning (Russian Railways)

20

“Russian Railways” does not give commuter trains* “Russian Railways” OJSC avoided concluding a rolling stock lease contract with “Interregional Passenger Company” Ltd. (“MRPK” Ltd. is not included in the Group of persons of “Russian Railways” OJSC) for commuter transportation of passengers in the (...)

Russian Competition Authority The Moscow Arbitration Court confirms the decision of the Russian Competition Authority sanctioning dealers for resale price maintenance (VMZ)

41

The Court supported FAS decision with regard to “Vyazma Machine-Building Works” and its dealers* On 1st October 2014, Moscow Arbitration Court dismissed a claim of “Vyazma Machine-Building Works” OJSC (“VMZ” OJSC) and its dealers to invalidate a decision of the Federal Antimonopoly Service (FAS (...)

Russian Competition Authority The Moscow Arbitration Court confirms the fines imposed on several companies for cartel in the market of supplying swai from Vietnam (Russian Fish Company)

18

The Court supported FAS in a case on the cartel for supplying swai from Vietnam* On 1st October 2014, Moscow Arbitration Court confirmed legitimacy of the decision of the Federal Antimonopoly Service (FAS Russia) on a case on anticompetitive agreement on the market of frozen swai imported from (...)

Russian Competition Authority The Moscow Arbitration Court confirms the warning addressed to a pharmaceutical company having refused to supply the unique medicine for treating renal deficiency by peritoneal dialysis (Baxter)

19

Actions of “Baxter” CJSC are pronounced unlawful* On 25th September 2014, Moscow Arbitration Court confirmed legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) in the case against “Baxter” CJSC for violating the antimonopoly law. The company refused to (...)

Russian Competition Authority The Moscow Arbitration Court upholds the decision of the Russian Competition Authority imposing fines on 20 companies in chemical industry for cartel (United Trade Company)

19

Moscow Arbitration Court took the side of Russia in a case on a cartel in the market of liquid caustic* On 20th January 2014, Moscow Arbitration Court pronounced legitimacy of the decision and determination to impose administrative fines by the Federal Antimonopoly Service (FAS Russia) with (...)

Russian Competition Authority The Moscow Arbitration Court confirms the warnings addressed to air carriers that have dominant position on some markets (Aeroflot – Russian Airlines)

7

FAS warnings are legitimate* On 15th September 2014, Moscow Arbitration Court dismissed the claim of “Aeroflot – Russian Airlines” OJSC to invalidate a warning of the Federal Antimonopoly Service (FAS Russia). In April 2014, the Antimonopoly Service issued warnings to air carriers that have (...)

Russian Competition Authority The Moscow Arbitration confirms the bid-rigging decision pronounced by the Russian Competition Authority concerning a contract for supplying high-endurance ship metal-roll (BZS)

15

Arbitration Court took into account an additional criterion* On 15th September 2014, the 9th Arbitration Appeal Court upheld the judgment of Moscow Arbitration Court on legitimacy of FAS decision on the case of violating the antimonopoly law by “Baltiisky Works – Ship-Building” (“BZS” Ltd.). On (...)

Russian Competition Authority The Moscow Arbitration Court confirms the decision of the Russian Competition Authority not to initiate a case on violating the antimonopoly law (National Settlement Depository Company)

9

Court of three instances confirmed legitimacy of FAS decision not to initiate an antimonopoly case NRD CJSC NKO* On 9th September 2014, Moscow District Arbitration Court upheld the judgment of Moscow Arbitration Court and the ruling of the 9th Arbitration Appeal Court, confirming legitimacy (...)

Russian Competition Authority The Russian Competition Authority judges that a department of State breached the antimonopoly law by restricting the number of bidders (Rosimuschestvo)

8

Rosimuschestvo restricted the number of bidders* FAS found that omissions by Rosimuschestvo violated the antimonopoly law. The Federal Antimonopoly Service (FAS Russia) found that the Federal Agency for State Property Management (Rosimuschestvo) violated Part 1 Article 17 of the Federal Law (...)

Russian Competition Authority The Russian Competition Authority concludes that several undertakings have participated to a cartel in tenders for repair work (Global Stroi)

23

FAS exposed a cartel at tenders for repair works* On 5th September 2014, the FAS Commission found that the “Central Commandant’s Office on Logistic Assistance of the General Headquarters of Internal Ministry Troops” Federal Treasury Enterprise violated Clause 2 Part 1 Article 17 of the Federal (...)

Russian Competition Authority The Moscow Arbitration Court confirms the fine imposed on an undertaking suspected to have participated to a cartel for failure to submit information (Argus-Spektr)

12

The Court confirmed legitimacy of a FAS determination* On 2nd September 2014, the 13th Arbitration Appeal Court (St Petersburg) pronounced legitimacy of FAS determination on holding “Argus-Spektr” CJSC administratively liable for failure to submit information upon a request of the antimonopoly (...)

Russian Competition Authority The Russian Competition Authority concludes that a department of State has breached the antimonopoly law by setting unreasonable excessive requirements to the bidders (GkNIPAS)

6

A violation upon a request* “GkNIPAS” Federal Treasury Enterprise violated the antimonopoly law by setting unreasonable excessive requirements to the bidders. The Federal Antimonopoly Service (FAS Russia) found that “State Treasury Aviation Systems Research-and-Testing Facility” (“GkNIPAS”) (...)

Russian Competition Authority The Moscow Arbitration Court confirms that two undertakings have concluded anticompetitive agreements on the market of civil aviation (Rosaviatsia / Aerotrans)

11

Cassation Court: actions of Rosaviatsia and “Aerotrans” OJSC are unlawful* On 28th August 2014, the Arbitration Court of Moscow District dismissed cassation appeals of the Federal Air Transport Agency (Rosaviatsia) and “Aerotrans” Civil Aviation Centre for Production-Dispatching Services” OJSC. (...)

Russian Competition Authority The Russian Competition Authority issues warnings to travel agencies to stop actions that could result in competition restrictions (WELL)

6

FAS warns travel agencies not to exercise actions that can result in competition restriction* FAS warned seven travel agencies not to exercise actions that can result in breaching the antimonopoly law: “WELL” Ltd (“WELL” network of beach-related rest agencies), “Turisticheskie Tekhnologii” Ltd. (...)

Russian Competition Authority The Russian Competition Authority concludes that a pharmaceutical company has abused of its dominance by refusing to supply medicines without any economic or technological reasons (Novo)

17

“Novo Nordisk” again violated the antimonopoly law* On 25th August 2014, the FAS Commission found that “Novo Nordisk” Ltd. violated Clause 5 Part 1 Article 10 of the Federal Law “On Protection of Competition” by refusing to supply medicines without any economic or technological reasons. Earlier FAS (...)

Russian Competition Authority The Russian Competition Authority issues a warning against an undertaking having increased the prices on the cooled salmon market (Russian Sea)

8

“Russian Sea” received a warning from FAS* The Federal Antimonopoly Service (FAS Russia) issued a warning to “Russian Sea” after some mass media had published information about a sharp increase of ex-work price for cooled salmon. On 12th August 2014, the Head of FAS Department for Control over (...)

Russian Competition Authority The Moscow Arbitration Appeal Court confirms the decision of the Russian Competition Authority sanctioning a tenderer for bid-rigging (Rosgosstrakh)

23

Appeal Court supported the antimonopoly authority in a dispute with Rosgosstrakh* The 10th Arbitration Appeal Court (Moscow) confirmed legitimacy of a determination issued by Saratov OFAS and a decision made by FAS Russia on a case against “Rosgosstrakh” Ltd. Earlier Saratov OFAS considered a (...)

Russian Competition Authority The Moscow Arbitration Court confirms the decision of the Russian Competition Authority concerning a bid-rigging case at an auction for allocating crab-catching quotas (TD DMP)

19

Crab catchers have bitten at collusion* The Federal Arbitration Court of the Far East District fully reversed the rulings of Appeal Court invalidating the decision of Primorie OFAS on a bid-rigging case at an auction for allocating crab-catching quotas. The open auction on fixing quotas for (...)

Russian Competition Authority The Moscow Arbitration Appeal Court confirms the fines inflicted by the Russian Competition Authority on two undertakings having implemented an anticompetitive agreement (URALSIB / Volkswagen Bank RUS)

24

Appeal Court agreed that “URALSIB” and “Volkswagen Bank RUS” should pay the imposed fine for an anticompetitive agreement* On 29th July 2014, the 9th Arbitration Appeal Court upheld the judgment of Moscow Arbitration Court on legitimacy of the decision and determination on the case against (...)

Russian Competition Authority The Moscow Arbitration Court confirms the decision of the Russian Competition Authority having sanctioned an undertaking for market monopolization (Cheboksary Authority)

13

Arbitration Court supported FAS decision with regard to Cheboksary Authority* On 15th July 2014, Moscow Arbitration Court dismissed a claim of Cheboksary Authority to invalidate FAS decision and determination on a case on violating the antimonopoly law. On 6th March 2014, FAS found that (...)

Russian Competition Authority The Moscow Arbitration Appeal Court compels an electricity provider to pay the fine inflicted by the Russian Competition Authority for abuse of dominance (MOESK)

27

The Court obligated “MOESK” to transfer 232 million RUB of unlawfully obtained income to the federal budget* On 15th July 2014, the 9th Arbitration Appeal Court confirmed legitimacy of the determination issued by the Federal Antimonopoly Service (FAS Russia) with regard to “MOESK” OJSC. The grid (...)

Russian Competition Authority The Russian Competition Authority confirms the payment of the fine inflicted to an insurance company having implemented an anticompetitive agreement (VSK)

10

An insurance company transferred over 4 million RUB of unlawfully gained income to the budget* The Office of the Federal Antimonopoly Service in the Tver region (Tver OFAS Russia) received a confirmation from “VSK” Insurance OJSC on executing a determination on the case on an unlawful agreement (...)

Russian Competition Authority The Moscow Arbitration Court confirms the fine imposed on oil provider having unreasonably increased retail prices for gasoline and diesel fuel in Sochi (Lukoil)

16

“Lukoil” subsidiary lost a claim after increasing prices* “Lukoil-Yugnefteproduct” shall pay over 14 million RUB for unreasonably increasing gasoline prices in Sochi. On 7th August 2014, Arbitration Court confirmed reasonableness of a determination issued by the Office of the Federal Antimonopoly (...)

Russian Competition Authority The Moscow Arbitration Appeal Court confirms the legitimacy of a warning delivered by the Russian Competition Authority to a pharmaceutical company having abused of its dominance (Novo Nordisk)

10

Appeal Court confirmed legitimacy of FAS warning to “Novo Nordisk”* On 23rd June 2014, the 9th Arbitration Appeal Court dismissed the appeal of “Novo Nordisk” Ltd. on a judgment of Moscow Arbitration Court that supported a FAS warning issued to “Novo Nordisk” Ltd. with regard to some elements of (...)

Russian Competition Authority The Arbitration Court of West-Siberian District upholds the fine imposed by the Russian Competition Authority against a gas supplier for abuse of dominance (Omskoblgaz)

16

Cassation Court confirmed legitimacy of the fined imposed by “Omskoblgaz” OJSC for abusing dominance* On 30th April 2014, the Federal Arbitration Court of West-Siberian District upheld the determination of the Office of the Federal Antimonopoly Service in the Omsk region (Omsk OFAS Russia) to (...)

Russian Competition Authority The Moscow Arbitration Court upholds the fine imposed by the Russian Competition Authority on the electricity provider for abuse of dominance (MRSK Urals)

13

The fine imposed upon “MRSK Urals” OJSC is legitimate* On 28th April 2014, the Federal Arbitration Court of the Moscow District pronounced legitimacy of a determination issued by the Federal Antimonopoly Service (FAS Russia) to hold “MRSK Urals” OJSC administratively liable for abusing market (...)

Russian Competition Authority The Moscow Appeal Court upholds the decision of the Russian Competition Authority having fined a railway company for abuse of dominance (Russian Railways)

11

Appeal Court confirmed legitimacy of an over 6 million RUB fine imposed upon “Russian Railways” OJSC* On 28th April, the 7th Arbitration Appeal Court upheld the determination of the Office of the Federal Antimonopoly Service in the Kemerovo Region (Kemerovo OFAS Russia) to fine “Russian Railways” (...)

Russian Competition Authority The Moscow Arbitration Court upholds the fine pronounced by the Russian Competition Authority against a gas supplier for abuse of dominance (Gazprom Mezhregiongaz Ulyanovsk)

21

“Gazprom Mezhregiongaz Ulyanovsk” will not avoid a fine for unlawfully restricting gas supplies* On 23rd April 2014, Arbitration Court pronounced legitimacy of a determination of the Office of the Federal Antimonopoly Service in the Ulyanovsk Region (Ulyanovsk OFAS Russia) and upheld the 562,500 (...)

Russian Competition Authority The Moscow Arbitration Court supports the position of the Russian Competition Authority imposing a new method of exposing bid-rigging in the electronic auctions market (Petrovsky Park)

926

Moscow OFAS Russia: the Court of First Instance supported a new method of exposing bid-rigging at electronic auctions* On 17th April 2014, Moscow Arbitration Court supported the position of Moscow OFAS Russia on a case on an oral anti-competitive agreement (cartel) between “Petrovsky Park” (...)

Russian Competition Authority The Arbitration Appeal Court of Saint Petersburg upholds the decision of the Russian Competition Authority imposing a fine for failure to provide information (SPM)

12

The Courts confirmed legitimacy of the fines imposed upon “SPM-LO” Ltd. and “SPM-64” Ltd. for failure to submit information* On 17th April 2014, the 13th Arbitration Appeal Court (St Petersburg) reversed the judgment of the Arbitration Court of St Petersburg and the Leningrad region, and (...)

Russian Competition Authority The Moscow Arbitration Court upholds the fine imposed by the Russian Competition Authority on a company in the market of services for advertising goods (ATAK)

14

Arbitration Court: decision about “ATAK” Ltd. and the imposed fine are legitimate* On 15th April 2014, Moscow Arbitration Court pronounced legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) and the fines upon “ATAK” Ltd. – 18 million RUB. In 2013, the (...)

Russian Competition Authority The Russian Competition Authority concludes that two companies are guilty of bid-rigging in the market of improving road traffic conditions in Moscow (Krismar-MM / Ramastroi)

19

The Antimonopoly Service exposed a bid-rigging collusion at auctions for improving road traffic in Moscow* On 14th April 2014, the Office of the Federal Antimonopoly Service in Moscow (Moscow OFAS Russia) established that “KRISMAR-MM” Ltd. and “RAMASTROI” Ltd. concluded an anticompetitive (...)

Russian Competition Authority The Arbitration Court of the North Caucasus District confirms the fine imposed by the Russian Competition Authority on an electricity supplier (DESK)

21

Cassation Cur confirmed legitimacy of an over 10 million fine imposed upon “DESK” OJSC* On 10th April 2014, the Federal Arbitration Court of the North Caucasus District confirmed legitimacy of an over 10 million fine imposed upon “Dagestan Energy Supplying Company” OJSC (“DESK” OJSC) for violating (...)

Russian Competition Authority The Moscow Appeal Court rejects claim regarding unscheduled on-site inspection conducted by the Competition Authority as part of a cartel investigation (Argus-Spekt)

16

Appeal Court confirmed: an inspection of “Argus-Spekt” CJSC was carried out fully in accordance with the law* The Head of FAS Anti-Cartel Department, Andrey Tenischev, commented the judgment of the 9th Arbitration Appeal Court: “It is not the first incident of challenging our inspections in (...)

Russian Competition Authority The Moscow Arbitration Court upholds the decision of the Russian Competition Authority having judged that an undertaking specialized in milk products has created discriminatory conditions for its suppliers (Ashan)

14

Arbitration Court: “Ashan” created discriminatory conditions for suppliers of milk and milk products* On 6th May 2014, Moscow Arbitration Court confirmed legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) with regard to “Ashan” Ltd. In 2013, the (...)

Russian Competition Authority The Russian Competition Authority issues a warning against airline companies that have a dominant position on some markets (Aeroflot – Russian Airlines)

11

FAS warned airlines to improve the systems of air tickets sales* The Federal Antimonopoly Service (FAS Russia) issued a warning to the airlines that have the dominant position on some markets. Elements of violating the antimonopoly law included imposing tariffs upon consumers without taking (...)

Russian Competition Authority The Moscow Appeal Court upholds the decision of the Russian Competition Authority having sanctioned an undertaking for abuse of dominance in the market of fish products (Metro Cash & Carry)

25

Cassation Court confirmed that “METRO Cash& Carry” had created discriminatory conditions for suppliers of fish and fish products* On 3rd April 2014, the Federal Arbitration Appeal Court of the Moscow District pronounced legitimacy of the decision and determination of the Federal Antimonopoly (...)

Russian Competition Authority The Russian Competition Authority fines a pharmaceutical company for abuse of dominance in the market of treating renal deficiency through peritoneal dialysis (Baxter)

20

“Baxter” unlawfully restricted competition on the market of medicines for treating renal deficiency* “Baxter” CJSC restricted competition and infringed the interests of “Medical Service Company” Ltd. by unlawfully refusing to supply a unique drug for treating renal deficiency through peritoneal (...)

Russian Competition Authority The Supreme Arbitration Court of the Russian Federation refuses to transfer a claim in a case on bid-rigging at an auction for supplying anti-tuberculosis drugs (Medical Leasing Consulting)

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The Supreme Arbitration Court of the Russian Federation drew a line in a case on bid-rigging at an auction for supplying anti-tuberculosis drugs* On 31st March 2014, the Supreme Arbitration Court of the Russian Federation refused to transfer a claim of “Medical Leasing Consulting” Ltd. to the (...)

Russian Competition Authority The Moscow Arbitration Court upholds the decision of the Russian Competition Authority having sanctioned a dealer of fire-fighting equipment for failure to provide information (Monitoring Service South)

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The Court confirmed legitimacy of 300,000 RUB fine for failure to provide information* On 27th March 2014, Moscow Arbitration Court pronounced legitimacy of a determination of the Federal Antimonopoly Service (FAS Russia) on an administrative case against “Monitoring Service South” Ltd. (...)

Russian Competition Authority The Russian Competition Authority accepts the trading practices of a gas provider on the market of wholesale sales of gasoline and diesel fuel (LUKOIL)

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“LUKOIL” Group agreed its trading practices with FAS Russia* On 26th March 2014, the Federal Antimonopoly Service (FAS Russia) agreed upon the trading practices of “LUKOIL” Group on wholesale sales of gasoline and diesel fuel in the Russian Federation. “LUKOIL” devised its trading policies to (...)

Russian Competition Authority The Moscow Appeal Court upholds the decision of the Russian Competition Authority having sanctioned two pharmaceutical companies for bid-rigging (Rosta and Pharmstandart)

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An Appeal Court confirmed legitimacy of a 200-million RUB fine imposed upon “Pharmstandart” OJSC for bid-rigging* On 24th March 2014, the 9th Arbitration Appeal Court pronounced legitimacy of holding “Pharmstandart” OJSC administratively liable and fining the company over 201 million RUB. In (...)

Russian Competition Authority The Russian Competition Authority considers that the State Committee of the Republic of Karelia violated the competition law (State Committee of the Republic of Karelia )

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A tender for leasing heating power facilities must take place in accordance with the law* The Federal Antimonopoly Service (FAS Russia) found that the State Committee of the Republic of Karelia for Managing State Property and Procurement violated the antimonopoly law in a course of a tender (...)

Russian Competition Authority The Moscow Arbitration Court upholds the warning delivered by the Russian Competition Authority against a pharmaceutical company aiming to eliminate disadvantageous contract conditions (Novo Nordisk)

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Moscow Arbitration Court confirmed legitimacy of a FAS warning issued to “NovoNordisk”* On 14th March 2014, Moscow Arbitration Court confirmed legitimacy of a warning issued by the Federal Antimonopoly Service (FAS Russia) to “Novo Nordisk” Ltd. due to elements of violating Clauses 3 and 5 Part 1 (...)

Russian Competition Authority The Moscow Arbitration Court upholds the decision of the Russian Competition Authority sanctioning railway company for abuse of dominance (Russian Railways)

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The Court found that “Russian Railways” OJSC violated the antimonopoly law* On 12th March 2014, the Federal Arbitration Court of the Moscow District confirmed legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) with regard to “Russian Railways” OJSC upon (...)

Russian Competition Authority The Russian Competition Authority considers that tenderers concluded an oral anticompetitive agreement in the market of software maintenance (Sintez)

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FAS Russia confirmed that violators used the “ram attack” scheme* On 6th March 2013, the Federal Antimonopoly Service (FAS Russia) found that “Sintez” Ltd., “IT-DISTRIBUTSIA” Ltd. and “Sistema” Ltd. violated Clause 2 Part 1 Article 11 of the Federal Law “On Protection of Competition”. The companies (...)

Russian Competition Authority The Arbitration Court of Moscow upholds the decision of the Russian Competition Authority sanctioning several cartelists having implemented an anticompetitive agreement on the market of soft cable compounds (First Chemical Company)

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Three Court instances supported FAS position on a case of cartel on the market of soft cable compounds* On 5th March 2014, the Federal Arbitration Court of the Moscow District upheld the judgment of Moscow Arbitration Court of 18th July 2013 and the ruling of the 9th Arbitration Appeal Court (...)

Russian Competition Authority The Russian Competition Authority imposes fines on two cartelists on the market of Norwegian fish (Russian Fish Company / Russian Sea – Kaliningrad)

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FAS fined participants of an anticompetitive agreement on the market of Norwegian fish* On 4th March 2014, the Federal Antimonopoly Service (FAS Russia) imposed turnover fines upon two participants of a cartel on the market of Norwegian fish. “Russian Fish Company” CJSC is held administratively (...)

Russian Competition Authority The Russian Competition Authority imposes fines on several cartelists on the market of supplying pangasius fillet produced in Vietnam (Russian Fish Company)

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FAS fined cartel participants supplying fish from Vietnam* On 27th February, the Federal Antimonopoly Service (FAS Russia) imposed administrative fines upon several cartel participants on the market of supplying pangasius fillet produced in Vietnam to Russia. In particular, “Russian Fish (...)

Russian Competition Authority The Russian Competition Authority applies for the first time the exterritoriality provision of the Federal Law “On Protection of Competition” (Uzmobile / Rubicon Wireless Communication)

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For the first time FAS applied the exterritoriality provision of the Federal Law “On Protection of Competition”* On 26th February 2014, the Commission of the Federal Antimonopoly Service (FAS Russia) found two cellular operators: a specialized branch of “Uzbektelecom” OJSC – “Uzmobile” and a joint (...)

Russian Competition Authority The Russian Competition Authority welcomes the intention of a railway company to implement the warning aiming to ending the abuse of dominance (Russian Railways)

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“Russian Railways” OJSC executed a FAS determination* The Federal Antimonopoly Service (FAS Russia) found that actions of “Russian Railways” OJSC had signs of violating the antimonopoly law (Clause 5 Part 1 Article 10 of the Federal Law “On Protection of Competition”). The company refused to send (...)

Russian Competition Authority The Russian Competition Authority sanctions a port for having refused to submit documents following a request of information (Astrakhan Port)

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“Astrakhan Port” shall pay for failure to submit information to FAS* On 19th February 2014, the 12th Arbitration Appeal Court supported the determination of the Federal Antimonopoly Service (FAS Russia) to impose an administrative fine – 500,000 RUB upon “Astrakhan Port” OJSC for failure to submit (...)

Russian Competition Authority The Moscow Arbitration Court confirms the bid-rigging decision pronounced by the Russian Competition Authority concerning an auction for the right to repair street sport-practice grounds (Delta Stroi)

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Cassation Court confirmed a bid-rigging cartel at an auction for the right to repair street sport-practice grounds in the north of Moscow* On 19 February 2015, Moscow Arbitration Court agreed with the arguments put forward by the Federal Antimonopoly Service (FAS Russia) and upheld the (...)

Russian Competition Authority The Moscow Arbitration Court upholds the decision of the Russian Competition Authority having imposed fines on several tenderers for bid-rigging (Syrievie Resursy)

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Court agreed with punishments to the participants of a cartel at the auction organized by the Ministry of Defence* The Federal Arbitration Court of the Moscow District confirmed legitimacy of the fine imposed by the Federal Antimonopoly Service (FAS Russia) upon “Velikie Luki Meat Plant” OJSC (...)

Russian Competition Authority The Moscow Arbitration Appeal Court upholds the decision of the Russian Competition Authority having judged that a glucose syrup manufacturer did not abuse of its dominance (Cargill)

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The Court Суд acquitted the largest producer of starch and syrup and supported FAS decision* On 10th February 2014, the 9th Arbitration Appeal Court confirmed legitimacy of the decision of the Federal Antimonopoly Service (FAS Russia) that “Cargill A.O.” CJSC and “Cargill” Ltd. did not abuse market (...)

Russian Competition Authority The Russian Competition Authority considers that two companies have implemented a price-fixing agreement in the harvesting water biological resources market (Rosrybolovstvo)

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FAS found that Rosrybolovstvo and its Primorie Office concluded an anticompetitive agreement* On 10th February 2014, the Federal Antimonopoly Service (FAS Russia) found that the Federal Fishery Agency (Rosrybolovstvo) and its Primorie Regional Office violated Article 16 of the Federal Law “On (...)

Russian Competition Authority The Yaroslavl Regional Arbitration Court upholds the decision of the Russian Competition Authority having imposed a fine on a heat energy provider for abuse of dominance (Yaroslavl GK)

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Arbitration Court took the side of Yaroslavl OFAS Russia in a dispute with “Yaroslavl Generating Company”* Yaroslavl Regional Arbitration Court confirmed legitimacy of over 563,400 RUB fine imposed by the Office of the Federal Antimonopoly Service in the Yaroslavl Region (Yaroslavl OFAS Russia) (...)

Russian Competition Authority The Moscow Arbitration Court upholds the decision of the Russian Competition Authority delivering a warning against a pharmaceutical company refusing to deal with a medical service provider (Baxter)

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Arbitration Court supported FAS Russia: “Baxter” should have listened to warning* On 27th January 2014, Moscow Arbitration Court confirmed legitimacy of the warning issued by the Federal Antimonopoly Service (FAS Russia) to “Baxter” CJSC due to signs of violating the antimonopoly law (Clause 5 (...)

Russian Competition Authority The Supreme Arbitration Court of Moscow upholds the decision of the Russian Competition Authority refusing to approve a merger on the markets of electric power industry (Gazprombank / Moesk)

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The Supreme Arbitration Court of the Russian Federation pronounced legitimacy of a refusal to satisfy a transaction by “Gazprombank” OJSC* On 24th January 2014, the Supreme Arbitration Court (VAC) of the Russian Federation dismissed a claim of “Gazprombank” OJSC to transfer a case to the Presidium (...)

Russian Competition Authority The Federal Arbitration Court of the North-Caucasian District upholds the decision of the Russian Competition Authority sanctioning an electricity provider for abuse of dominance (Donenergosbyt)

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The Court confirmed the rightness of FAS position with regard to an energy supplier* On 21st January 2014, the Federal Arbitration Court of the North-Caucasian District supported the position of the Federal Antimonopoly Service (FAS Russia) with regard to “Donenergosbyt” Ltd. The Antimonopoly (...)

Russian Competition Authority The Moscow Arbitration Appeal Court upholds the decision of the Russian Competition Authority finding that undertaking created discriminatory conditions for its suppliers of fish (Metro Cash & Carry)

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The 9th Arbitration Appeal Court: “METRO Cash & Carry” created discriminatory conditions for fish suppliers* On 20th January 2014, the 9th Arbitration Appeal Court reversed the ruling of Moscow Arbitration Court to allow the claim of “METRY Cash & Carry” Ltd. on challenging the decision (...)

Russian Competition Authority The Russian Competition Authority welcomes the acceptance of a rail company to implement the warning aiming to abolish restrictions for sales of tickets (FPK)

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“FPK” OJSC executed a FAS warning* On 17th January 2014, “FPK” OJSC informed the Federal Antimonopoly Service (FAS Russia) about executing a warning to stop actions that had signs of violating the antimonopoly law. The company began selling tickets for No. 132U “Moscow – Orsk” train from the (...)

Russian Competition Authority The Russian Competition Authority welcomes the termination of an anti competitive agreement on the market of auto landing (URALSIB / Volkswagen)

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“URALSIB” Bank and “Volkswagen Bank RUS” terminated an anticompetitive agreement on the market of auto landing* “URALSIB” OJSC and “Volkswagen Bank RUS” Ltd. informed FAS on executing a determination in an antimonopoly case. On 23rd October 2013, the Federal Antimonopoly Service (FAS Russia) found (...)

Russian Competition Authority The Russian Competition Authority publishes the outcome of inspections of compliance with the antimonopoly law on the markets of construction materials

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The outcome of inspections of compliance with the antimonopoly law on the markets of construction materials* Under Clause 6 of the Action Plan for preventing and suppressing monopolistic activity and unfair competition of economic entities in housing construction and production of construction (...)

Russian Competition Authority The Moscow Arbitration Court confirms the decision of the Russian Competition Authority sanctioning a cartel on the market of wholesale supplies of table salt (Grocery)

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Arbitration Court supported FAS decision about a cartel on the market of wholesale supplies of table salt* Moscow Arbitration Court pronounced legitimacy of the decision of the Federal Antimonopoly Service (FAS Russia) about a cartel on the market of wholesale supplies of table salt. On 1 (...)

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