Russian Federal Antimonopoly Service (Moscow)

Russian Competition Authority

Russian Federal Antimonopoly Service (Moscow)

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.

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Russian Federal Antimonopoly Service (Moscow)
Russian Federal Antimonopoly Service (Moscow)

Articles

46932 Bulletin

Russian Competition Authority The Russian Supreme Court supports the Competition Authority’s complaint against judicial acts that declared illegal the Authority’s decision to bring a telecommunications operator to administrative responsibility for non-compliance with its instructions, illegal (T2 Mobile)

241

The Supreme Court supported the position of the FAS Russia on the Statute of Limitations for failure to comply with the regulations of the service* The time limit is one year On October 6, 2021, the Supreme Court of the Russian Federation upheld the complaint of the FAS Russia against (...)

Russian Competition Authority The Moscow Arbitration Court supports the Competition Authority in its dispute against a telecommunications operator after it was found that the company increased the cost of mobile communication services on separate tariff plans (Tele2)

245

The Court supported the FAS Russia in the dispute with Tele2* From May 12, 2020, the company increased the cost of mobile communication services on separate tariff plans The Moscow Arbitration Court confirmed the legality of the decision and order of the FAS Russia in relation to T2 Mobile (...)

Russian Competition Authority The Russian Competition Authority initiates two cases against a wholesale distributor for controlling the prices and terms of delivery of goods of 2 retail chains (Sladkaya Zhizn Plus)

237

Nizhny Novgorod OFAS initiated two cases against Sladkaya Zhizn Plus LLC* The actions of the company show signs of coordination of the economic activities of the Avocado and Malinka retail chains According to the Nizhny Novgorod Regional Office of the FAS Russia, Sladkaya Zhizn Plus LLC (...)

Russian Competition Authority The Russian Competition Authority and Federal Tax Service check prices in the construction materials markets and find a significant increase in financial indicators in several markets

231

FAS AND FEDERAL TAX SERVICE CHECK PRICES IN THE CONSTRUCTION MATERIALS MARKETS* Based on the results of joint work, a significant increase in financial indicators was revealed in a number of markets Due to the increase in prices for building materials in 2021 and a large number of incoming (...)

Russian Competition Authority The Moscow Arbitration Court overturns the Court of Appeal’s ruling and supports the Competition Authority’s decision to fine 3 companies in the coal supply market for entering into an anticompetitive agreement (TGC-2 / ArhoblEnergo / TEK)

233

Cassation supported FAS regarding agreement in the coal supplies* The Arbitration Court of the Moscow District overturned the decision of the court of the first instance and the ruling of the court of appeal and adopted a new judicial act in favour of the authority It should be reminded that (...)

Russian Competition Authority The Russian Competition Authority initiates investigations against the largest manufacturer of oriented strand boards for possible abuse of its dominant position (Kronospan Group)

247

FAS initiated a case in relation to the largest manufacturer of oriented strand boards* The cost of this product increased by more than 300% in 2021 Due to the large number of claims received regarding the price increase of oriented strand boards, the FAS Russia analyzed the state of (...)

Russian Competition Authority The Russian Competition Authority launches an investigation into the actions of 2 glass companies for possible abuse of dominance (Salavatsteklo / Guardian Glass)

241

FAS Russia initiated a case in the glass market* The agency perceives in the actions of Salavatsteklo and Guardian Glass signs of abuse of a dominant position In connection with the received statements about the increase in the cost of building materials, including flat glass, the FAS Russia (...)

Russian Competition Authority The Russian Competition Authority initiates proceedings against 10 technical support and IT security services companies for concluding cartel agreements (ESLab / Normos XXI / STC Electron-Service / Krastol...)

239

FAS initiated two cases in the field of IT technologies* The FAS Russia suspects a number of companies providing technical support and IT security services of concluding cartel agreement The FAS Russia has initiated cases on violation of antimonopoly legislation in relation to ESLab LLC, (...)

Russian Competition Authority The Russian Competition Authority issues a warning to a Big Tech company after receiving complaints that the company prohibits informing clients about the alternative payment methods in the App Store applications (Apple)

257

FAS Russia issued a warning to Apple* The company prohibits informing clients about the alternative payment methods in the App Store applications The FAS Russia received complaints from users of iOS devices and application developers. They note that in some cases it is cheaper to buy a (...)

Russian Competition Authority The Russian Competition Authority conducts anticartel inspections of the largest manufacturers of rebars (NLMK PJSC / Tulachermet-Steel / PMH Management)

257

FAS Russia conducts anticartel inspections of the largest manufacturers of rebar* There are data at the regulation of the authority that may indicate signs of price collusion, the consequence of which may be the growth and maintenance of selling prices for rebar Earlier, the FAS Russia on (...)

Russian Competition Authority The Russian Competition Authority clarifies how to enter joint procurement agreements such as "purchasing unions" without violating competition legislation

243

FAS explains how to create a “purchasing union” and not violate the antimonopoly legislation* The creation of ”purchasing unions” will allow small retailers to carry out joint purchases to expand the assortment, reduce purchase prices, and as a result, retail prices The Competition Authority has (...)

Russian Competition Authority The Russian Competition Authority grants a retail company’s application to merge with a competitor subject to a number of strict limitations (Tander / Dixy)

129

FAS: MAgnit/Dixy merger is possible if a number of fundamental conditions are met* FAS issued the most strict order aimed at preventing creation of a unified network that occupies a dominant position The company undertakes to comply with the order, as well as to establish zero trade margins (...)

Russian Competition Authority The Ninth Arbitration Appeal Court of Moscow upholds the Russian Competition Authority’s decision finding six companies guilty of engaging in cartel activity through the setting and maintenance of high prices (Trives Trade / MedExpert / Optomed / Maltri / Orto)

136

Appeal supported FAS in the case of orthopedic products cartel* Six companies set recommended prices and sanctions for non-compliance with them in order to maintain the highest possible cost of products sold. The authority imposed fines on companies in the amount of more than 31 million rubles (...)

Russian Competition Authority The Russian Competition Authority clears the merger of two petroleum and petrochemicals companies subject to a number of mandatory conditions (Sibur / Taif)

129

FAS: Sibur/Taif deal will be possible if a number of mandatory conditions are met* The conclusion of this transaction, subject to the fulfillment of all the conditions of the Authority’s order, will strengthen Russia’s position in the world market of petroleum products and petrochemicals, while (...)

Russian Competition Authority The Russian Competition Authority refuses a merger of the largest two producers of crushed stone in the Siberian Federal District (NNK / Barzasskiy karyer)

131

FAS refused to agree on petition for the acquisition of Barzasskiy Kar’yer LLC* According to the FAS, the transaction might result in a restriction of competition in the crushed stone market The group of persons of Nacional’naya nerudnaya kompaniya JSC (NNK) is one of the largest producers of (...)

Russian Competition Authority The Russian Government approves the first national concept of long-term tariff regulation which will apply to housing services, waste management, gas and electricity supply, telecommunications and rail transport

235

Government approved the first Russian concept of long-term tariff regulation* It will apply to housing and communal services, waste management, electricity supply, gas supply, telecommunications and rail transport To implement the instructions of the President of the Russian Federation the (...)

Russian Competition Authority The Russian Competition Authority conducts inspections of large construction companies and manufacturers of construction materials for the rise in prices in the first half of 2021

242

FAS will conduct inspections in the construction materials market* In connection with the continuing rise in prices in the construction market and adjacent markets, the FAS Russia has instructed its territorial bodies to conduct inspections of large construction companies and manufacturers of (...)

Russian Competition Authority The Russian Competition Authority imposes a fine on 2 companies for entering a cartel agreement on the stock exchange of oil products (A-OIL / Solid-Commodity Markets)

241

FAS reported fine of more than 1 billion RUB for a cartel on the stock exchange of oil products* Such a decision was made by the antimonopoly service The FAS Russia imposed administrative fines on Solid-Commodity Markets JSC and A-OIL LLC, which were found guilty of entering into a cartel (...)

Russian Competition Authority The Russian Supreme Court supports the Competition Authority’s decision against the regional municipal solid waste operator of the Tambov region after it was found that the company prevented the access of other companies to the market (Tambovskaya setevaya kompaniya)

235

Court of Appeal supported decision of the FAS against Tambov Regional Operator* Tambovskaya setevaya kompaniya JSC, occupying a dominant position in the MSW transportation market, has limited the number of potential auction bidders for the collection and transportation of waste. The court of (...)

Russian Competition Authority The Russian Competition Authority decides to add a football club as interested person in a case against a Big Tech company’s abuse of dominance in the market for video hosting services (Google / YouTube)

241

FAS reported involvement of new participant in Google case on YouTube blocking rules* On June 23, the first meeting of the Commission of the FAS Russia in the case of violation of antimonopoly law for abusing dominant market position in YouTube video hosting services took place During the (...)

Russian Competition Authority The Russian Competition Authority publishes its merger review guidelines with explanations of substantive and procedural issues from notification to remedies

248

FAS explained application of antimonopoly law in control over economic concentration* Presidium of the FAS Russia provided answers to key substantive and procedural issues of M&A control based on extensive practice and modern approaches developed within the framework of law enforcement of (...)

Russian Competition Authority The Russian Competition Authority adds a snack manufacturing company and an e-learning company as interested parties in a case against search engine platform’s abuse of dominance (Yandex)

243

New Stakeholders are involved in the consideration of the Yandex search results case* The company abuses of dominant position in the Internet search market and provides preferential conditions to its own services On June 9, 2021, during the meeting in the case, the applicants confirmed the (...)

Russian Competition Authority The Russian Competition Authority initiates a case against the national postal operator for charging extra to deliver parcels to hard-to-reach places, resulting in ending of the problematic practice (Russian Post)

243

Russian Post has violated the antimonopoly legislation* The postal service charged a 100% extra for sending parcels from/to hard-to-reach areas. Earlier, the FAS Russia issued a warning to Russian Post JSC to stop charging such extras. Due to failure to comply with the warning within the (...)

Russian Competition Authority The Russian Competition Authority fines a Big Tech company for abusing its dominant position in the distribution of mobile applications on its operating system (Apple)

260

FAS Russia fined apple $12 million us dollars* On April 26, 2021, the FAS Russia imposed on Apple Inc. a turnover fine of 906,299,392.16 rubles (over $12 million) for violating antimonopoly legislation. In August 2020, the FAS Russia completed the consideration of the antitrust case against (...)

Russian Competition Authority The Russian Competition Authority initiates proceedings against a Big Tech company for abuse of dominant position in the market for video hosting services (Google / Youtube)

199

FAS initiated a case against Google LLC* According to the Authority, the company abuses its dominant position in the market of YouTube video hosting services The reason for the investigation was the application of the Regional Public Organization “Center for Internet Technologies” (ROCIT), (...)

Russian Competition Authority The Russian Supreme Court confirms the Competition Authority’s decision to sanction a national railway company for abuse of dominant position (Russian Railways)

575

The cassation supported decision of the FAS russia in relation to russian railways* The company violated antimonopoly legislation and abused its dominant position The Arbitration Court of the Moscow District supported the position of the FAS Russia in relation to Russian Railways JSC. As the (...)

Russian Competition Authority The Russian Competition Authority notes the end of a restriction of competition in the water supply and sanitation market in compliance with its previous order (Kirov Administration)

239

KIROV ADMINISTRATION COMPLIED WITH THE ORDER OF THE FAS RUSSIA* The authority’s response act was related to the restriction of competition in the water supply and sanitation market The Kirov city Administration fully complied with the order of the Antimonopoly Service. The authority issued it (...)

Russian Competition Authority The Russian Ninth Arbitration Appeal Court upholds the decision of the Competition Authority in respect of national railways abusing their dominant position (Russian Railways JSC)

202

The appeal upheld the decision of the FAS Russia in respect of Russian railways* Earlier, the Authority recognized the company as violating antimonopoly legislation The Ninth Arbitration Appeal Court supported the position of the Antimonopoly Service in the case against Russian Railways JSC. (...)

Russian Competition Authority The Arbitration Court of Moscow upholds the Competition Authority’s decision to fine three construction companies involved in a cartel for price-fixing (Mostootryad-99 / Dorstroyotrayd-99 / SPA Dormost)

92

DAGESTAN ROAD CARTEL WILL PAY A FINE OF 170 MILLION RUBLES* The arbitration court of Moscow upheld the decision of the FAS Russia on bringing to administrative responsibility Mostootryad-99 JSC, Dorstroyotrayd-99 LLC and scientific production association (SPA) Dormost LLC. It should be (...)

Russian Competition Authority The Russian Competition Authority fines big tech companies for distributing and advertising a prohibited dietary supplement for manufacture and distribution (Yandex / Google)

133

The FAS Russia Fined Yandex and Google LLC* 100 thousand rubles fines were imposed for distribution in search engines of an advertisement for a dietary supplement that contained Kava pepper that is prohibited for manufacture and distribution The FAS Russia recognized both Yandex and Google (...)

Russian Competition Authority The Russian Competition Authority Voronezh Regional Office finds a cartel in public tenders for road construction (Road Construction and Repair / Rossoshanskoe Road Repair and Construction Office No 1)

119

Voronezh Regional Office of the FAS Russia Revealed a Cartel for 258 Million Rubles* The anti-competitive agreement was implemented during the auction for the execution of road repair work The Voronezh Regional Office of the FAS Russia found Road Construction and Repair LLC and Rossoshanskoe (...)

Russian Competition Authority The Russian Competition Authority confirms that a pharmaceutical company with a dominant position in the wholesale of certain generics has ceased its problematic behavior and has signed a contract for medicine supply (Ipsen / Biotek)

194

Ipsen Company Comply With the Warning of the FAS Russia* Pharmaceutical company made required amendments to the Commercial policy and signed a contract with a distributor to supply their products FAS Russia received a notification of the Ipsen LLC that the company ceased the actions that (...)

Russian Competition Authority The Russian Ninth Arbitration Court of Appeal upholds the Competition Authority’s decision against companies in the "cartel under hypnosis" in the healthcare sector (Aksonmed / Satori / Intermed / Divais / Lotos / Equipmed)

135

Appeal Supported the Position of the FAS Russia in the "Cartel Under Hypnosis" Case* The Ninth Arbitration Court of Appeal upheld the decision of the antimonopoly authority against companies that have been implementing an anti-competitive agreement in the healthcare sector for more than three (...)

Russian Competition Authority The Russian Competition Authority finds a telecom company guilty of abusing its dominant position to unreasonably increase tariffs for communication services (Tele 2)

128

The FAS Russia: Tele 2 Unreasonably Increased Tariffs for Communication Services* T2 Mobile has increased the cost of providing mobile services on a number of tariff plans from May 12, 2020 On October 20, the FAS Russia found a violation of antimonopoly law in the company’s actions. Earlier, (...)

Russian Competition Authority The Russian Competition Authority forcibly returns the equivalent of €14 million into the state budget from former Mayor of Vladivostok, his family, and affiliated companies found guilty of collusion in the auctions for construction materials and supply of medicines (Igor Pushkaryov / MUE Roads of Vladivostok)

171

More Than 2.3 Billion Rubles of Illegal Income Was Returned to the State Budget* The funds were obtained as a result of collusions at auctions for the purchase of construction materials (1.4 billion rubles) and the supply of medicines and medical devices (900 million rubles) On October 20, (...)

Russian Competition Authority The Russian Ninth Arbitration Court of Appeal confirms the Competition Authority’s fines for a construction cartel in the Karachay-Cherkessian Republic (Chance / Kubanskoye / Karachaevskoye / Yugelektromontazh / Invest)

110

Appeal Confirmed Legality of the Decision Against the Cartel in Karachai-Cherkessia* The tenders for the construction of roads, buildings and facilities in the republic were held in violation of the antimonopoly law. Fines for companies exceeded 106 million rubles It should be reminded that (...)

Russian Competition Authority The Russian Competition Authority approves the first two manufacturers on the maximum selling price of medicine favipiravir used in treating COVID-19 and announces that the price registration will increase its availability for the country’s population

205

FAS: After Favipiravir Price Registration, Its Retail Price Will Be Reduced at Least Twice* Registering the price of a medicine for treatment of COVID-19 will significantly increase its availability for the Russian population The FAS Russia has approved the first two pharmaceutical (...)

Russian Competition Authority The Russian Republic of Khakassia’s Abakan City Court convicts members of a medical equipment cartel to imprisonment up to 16 years (Administration of Head of Republic of Khakassia)

405

Andrey Tenishev: Cartel Members Convicted in the Republic of Khakassia* Court imposed imprisonment up to 16 years to participants of anticompetitive agreements for theft and bribes It should be reminded that in 2018 the FAS Russia recognized a number of companies violated the Law on (...)

Russian Competition Authority The Russian Competition Authority investigates whether a pharmaceutical company with a dominant position in the wholesale of certain generics unreasonably refused to conclude a contract for medicine supply (Ipsen / Biotek)

205

FAS Russia: Ipsen Unreasonably Refused Biotek to Conclude Contract for Medicine Supply* In order not to enter into a contract with a counterparty the pharmaceutical company has repeatedly changed its commercial policy during the review of the distributor’s application. The FAS Russia issued a (...)

Russian Competition Authority The Russian Competition Authority reports on its study in the banking services market and proposes to develop a concept of state participation in the financial services market

262

The Share of State Participation in the Financial Market Should Be Reduced* The FAS Russia proposes to develop a Concept of state participation in the financial services market Conclusion of the FAS is contained in the Report on state of competition in the Russian Federation in 2019. The FAS (...)

Russian Competition Authority The Russian Competition Authority issues second warning to an online booking platform on termination of price parity clauses and restrictive conditions on hotels (Booking.com)

63

FAS RUSSIA ISSUES SECOND WARNING TO BOOKING.COM* This includes the abolition of parity in all channels of sales of hotel services On September 18, 2020, the FAS Russia issued Booking.com B.V. LLC (hereinafter referred to as Booking.com) a second warning on termination of actions containing (...)

Russian Competition Authority The Russian Competition Authority reaches an agreement with the HSE Technology Transfer Center to further simplify the terms of technology transfer in the breeding sector after negotiating with a pharma company (Bayer)

79

Bayer offered more favorable conditions for transfer of germplasm to russian breeders* Russian breeding companies that receive germplasm transferred by Bayer as part of the FAS Russia’s ruling based on the result of the Bayer&Monsanto transaction will be fully exempt from paying royalties (...)

Russian Competition Authority The Russian Competition Authority announces they prevented the creation of a cartel in the pharmaceutical market with an income of more than 120 million rubles (Danta / Company Organika)

44

Rostov OFAS prevented pharmaceutical cartel with an income of more than 120 million rub* Illegal income of Danta LLC and Company Organika LLC was obtained by colluding at 48 auctions for the supply of medicines Rostov OFAS found that auctions where Danta LLC and Company Organika LLC (...)

Russian Competition Authority The Russian Competition Authority issues a warning to the national post to ensure equal conditions across all localities for provision of postal services (Russian Post)

35

FAS demanded Russian post to ensure equal conditions for provision of postal services* The Federal Antimonopoly Service issued a warning to the Russian Post to stop collecting surcharges to tariffs for postal services in hard-to-reach localities Since October 1, 2019, the Russian Post has (...)

Russian Competition Authority The Russian Competition Authority finds two companies active in the coal and steel industry to have entered into a cartel agreement on the exchange trading of petroleum products (Solid-Commodity Markets / A-Oil)

42

Russia’s First Antimonopoly Cartel Case On The Stock Exchange* Solid-Commodity Markets JSC and A-OIL LLC were found guilty of entering into a cartel agreement on the exchange trading of petroleum products in 2018 The significance of the case for antimonopoly and judicial practice was presented (...)

Russian Competition Authority The Russian Competition Authority requires a Big Tech company to provide competitive conditions for mobile applications developers and to ensure that in-house apps do not take precedence over third-party apps (Apple)

76

The Federal Antimonopoly Service Of The Russian Federation Issued A Remedy To Apple Inc. To Eliminate The Violation* Competition Authority required the company to provide competitive conditions for mobile applications developers Let us recall that on August 10, 2020 the FAS Russia completed (...)

Russian Competition Authority The Russian Competition Authority finds that six companies engaged in a cartel by setting and maintaining high prices in the market of orthopedic products (Trives Trade / MedExpert / Optomed / Maltri / Orto)

54

Fas Russia Found Cartel In The Market Of Orthopedic Products* By entering into anticompetitive agreement, six companies wholesaling orthopedic products set and maintained the highest price of products sold The FAS Russia found Trives Trade LLC, MedExpert LLC, Optomed LLC, Maltri LLC, ORTO LLC (...)

Russian Competition Authority The Russian Competition Authority approves the conclusion of a joint venture agreement between a producer of heated tobacco and a producer of devices for their consumption (Philip Morris / KT&G)

53

The FAS Approved Trasaction In The Market Of Innovative Nicotine-containing Products* FAS approved conclusion of a joint venture agreement between Philip Morris products S.A. and Korean company KT&G Corporation The agreement concerns the joint sale of innovative nicotine-containing (...)

Russian Competition Authority The Russian Competition Authority reveals a cartel in the market for the provision of services for the repair of radiological equipment for the needs of healthcare institutions (Sibmer / Radiatsionnaya Tekhnika)

42

The Second Episode Of Large Cartel In The Market Of Radiological Equipment Was Revealed* Novosibirsk Regional Office of the FAS Russia together with Rosfinmonitoring revealed a medical cartel in the Siberian Federal District at 89 auctions. The FAS Russia suspects its participants in another (...)

Russian Competition Authority The Tyumen Regional Arbitration Court confirms the decision of the Russian Competition Authority regarding a cartel involving two manufacturers of soil heat stabilizers (Konar / Fundamentstroiarkos)

547

Court confirmed a cartel at “Transneft” auction* Manufacturers of soil heat stabilizers agreed about auction behaviour to win contracts at the highest price The total revenues of the violators from selling the anticompetitive agreement exceeded 15 billion RUB. Tyumen OFAS proved the cartel in (...)

Russian Competition Authority The Moscow Arbitration Appeal Court confirms the decision of the Competition Authority concerning a cartel on the market of civilian filtering gas masks

420

Appeal Court supported FAS in a case against a 20-member cartel* The total fines imposed upon manufacturers and suppliers of civilian gas masks exceeded 75 million RUB The 9th Arbitration Appeal Court in Moscow reversed the ruling of the Court of First Instance and agreed with FAS arguments. (...)

Russian Competition Authority The Russian Competition Authority reduces prices on 11 medicines of a dominant pharmaceutical company from the list of vital and essential medicines (AstraZeneca)

663

FAS reduced prices on 11 medicines of “Astrazeneca” from the list of vital and essential medicines* Prices for the medicines aimed at treating socially important diseases reduced on average 12 to 92% As a result of a constructive dialogue between FAS and “AstraZeneca” the maximum ex-works prices (...)

Russian Competition Authority The Russian Competition Authority fines several companies for maintaining or reducing prices of auction in the electronic market (SpetsTekhMash, ProfBusiness, Stillag)

185

ST Petersburg companies are fined 200 million rub for a cartel* St Petersburg OFAS made decision with regard to “SpetsTekhMash” Trading House” Ltd., “ProfBusiness” Ltd. and two companies with the same name “Stillag” Trading House” Ltd., for participating in a bid-rigging cartel on supplies of (...)

Russian Competition Authority The Russian Competition Authority fines several companies for participating in a bid-rigging cartel on supplies of technological equipment for the Ministry of Defence (SpetsTekhMash / ProfBusiness / Stillag)

494

ST Petersburg companies are fined 200 million rub for a cartel* St Petersburg OFAS made decision with regard to “SpetsTekhMash” Trading House” Ltd., “ProfBusiness” Ltd. and two companies with the same name “Stillag” Trading House” Ltd., for participating in a bid-rigging cartel on supplies of (...)

Russian Competition Authority The Russian Competition Authority exposes a large cartel of medical products suppliers (RM Endovascula / Raymed Trading Group PVT / Slonika...)

707

FAS exposed a large cartel of medical products suppliers* Moscow OFAS exposed a cartel formed by “RM Endovascular” Ltd., “Raymed Trading Group PVT” Ltd., “SLONIKA” Ltd., “EXOMEDIC” Ltd., “VASCULAR” Ltd., “BALTICAMED” Ltd., “LIFE MEDICINE” Ltd. and “INMED” Ltd. The companies took part in 124 auctions for (...)

Russian Competition Authority The Russian Arbitration Appeal Court upholds a cartel decision between suppliers of individual respiratory protection equipment (Tambovgalvanotekhnika)

163

Court confirmed a cartel of 30 companies – suppliers of individual respiratory protective equipment* The cartel dividing the market between its participants maintained prices at 1 308 tenders On 10 January 2018 the 9th Arbitration Appeal Court confirmed legitimacy of FAS decision regarding 30 (...)

Russian Competition Authority The Russian Competition Authority sanctions companies for cartel in the market of highway repair and renovation (Technostroi)

298

FAS made a decision on a bid-rigging cartel for highway repair and renovation* “Technostroi” Ltd., “No. 908 Construction Department” Ltd., and “Avtodor” Road Company” Ltd. violated Clause 2 Part 1 Article 11 of the Federal Law “On Protection of Competition” The companies concluded an anticompetitive (...)

Russian Competition Authority The Moscow Arbitration Court upholds the decision of the Competition Authority in a suppliers cartel case at the ministry of defense (Bely Medved)

236

Court confirmed legitimacy of fas decision on a suppliers cartel at the ministry of defence* Moscow Arbitration Court dismissed a claim of “Bely Medved” Ltd., “Koralkin” Ltd., “Millennium Klin” Ltd. on invalidating a FAS decision, that had found these companies and the group of persons comprising (...)

Russian Competition Authority The Arbitration Appeal Court of Moscow upholds the judgement of the Arbitration Court in a case on an anticompetitive agreement between medicinal drug suppliers (Pharm SKD)

228

Appeal court supported fas in a case on an anticompetitive agreement of medicinal drug suppliers* The 9th Arbitration Appeal Court upheld the judgment of Moscow Arbitration Court that pronounced legitimacy and reasonableness of FAS decision on the case against “Pharm SKD” Ltd. and “Novopharm” (...)

Russian Competition Authority The Russian Competition Authority finds that a State-run undertaking abused its dominant position on the market of offering mooring in Moscow (Gormost)

171

Moscow fas found that “gormost” violated the antimonopoly law* The “Gormost” Procedure for concluding contracts created discriminatory conditions and could have restricted competition Moscow OFAS found that “Gormost” violated the antimonopoly law in the part of abusing dominance of a natural (...)

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

111

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 Moscow Arbitration Court confirms that an electricity provider has abused its dominance in the market of electric power transmission (MRSK Siberia)

202

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

215

“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 failure to submit information (Promyshlennaya Energetika)

113

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

123

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

170

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)

110

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 Appeal Court confirms the Russian Competition Authority’s decision against a cartel of suppliers of rehabilitation means for the disabled (April)

152

Appeal Court confirmed the FAS decision on a cartel of suppliers of rehabilitation means for the disabled* The 9th Arbitration Appeal Court in Moscow dismissed the appeal of “Regional Centre for Rehabilitation Means” Ltd. (“KTsSR” Ltd.), “April” Ltd., “Predgorie Kavkaza” Ltd. on invalidating the FAS (...)

Russian Competition Authority The Moscow Arbitration Appeal Court confirms the cartel decision concerning a tender for allocating fishing grounds in the Primorye region (Aquaresource)

164

Appeal Court supported FAS on a case on allocating fishing grounds* On 6 July 2015, the 9th Arbitration Appeal Court pronounced legitimacy of the decision of the Federal Antimonopoly Service (FAS Russia) on the cartel case in a tender for allocating fishing grounds in the Primorie region. On (...)

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

149

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)

99

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

172

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)

121

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)

87

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 decides that two undertakings concluded an anticompetitive agreement in the market of supplies of frozen swai fillet from Vietnam (VASEP)

57

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 Competition Authority fines a manufacturer and its dealers for having implemented a vertical agreement (Argus-Spektr)

151

FAS fined “Argus-Spektr” CJSC 19.5 million RUB for prohibited “vertical” agreements* Conducting administrative proceedings upon the fact of concluding prohibited “vertical” agreements between “Argus-Spektr” CJSC and its dealers, the Federal Antimonopoly Service (FAS Russia) imposed 18 administrative (...)

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

61

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 Appeal Court confirms that an undertaking and its retailers have concluded an anticompetitive vertical agreement (Vyazma Machine-Building Works)

115

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 Moscow Arbitration Appeal Court confirms that the Federal railway transport agency has unreasonably refused to open a railway station (Roszheldor)

151

An unreasonable refusal to open a railway station resulted in violating the law* On 24 February 2015, the 9th Arbitration Appeal Court pronounced legitimacy of the decision and determination issued by the Federal Antimonopoly Service (FAS Russia) against the Federal Railway Transport Agency (...)

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)

94

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 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)

68

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)

56

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)

99

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)

50

“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 its dominance by creating discriminatory conditions in determining the costs of goods advertising services (ATAK)

121

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)

76

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)

86

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 / Rusfinance Bank)

128

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)

75

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)

48

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 that a regional government and an undertaking have concluded an anticompetitive agreement (RNITs SK)

57

Violations on the market of informational-and-navigation services in the Stavropol region will cost “RNITs SK” OJSC nearly 3 million RUB* On 28th November 2014, Moscow Arbitration Court dismissed the claim of the Government of the Stavropol Region and “RNITs SK” OJSC to abolish FAS decision and (...)

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

119

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)

171

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)

116

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 and has resulted in the monopolization of the relevant market (Cheboksary Authority / Cash Settlement Centre)

70

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 opens proceedings against railways company for failure to execute the warning (Russian Railways)

93

“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 which sanctioned dealers for resale price maintenance (VMZ)

108

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

153

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 confirms the warnings addressed to air carriers that have a dominant position on some markets (Aeroflot / Russian Airlines)

83

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)

66

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)

68

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)

51

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)

69

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)

65

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)

68

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)

52

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)

49

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 its dominance by refusing to supply medicine without any economic or technological reason (Novo)

139

“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 North Caucasus Arbitration Court confirms that an electricity provider has abused its dominance by switching off electric power to water supply facilities used for water drainage (NESK)

112

“NESK” OJSC violated the antimonopoly law* On 20th August 2014, the Arbitration Court of the North Caucasus District confirmed legitimacy of the decision issued by the Office of the Federal Antimonopoly Service in the Krasnodar Region (Krasnodar OFAS Russia) with regard to “NESK” OJSC and stated (...)

Russian Competition Authority The North Caucasus Arbitration Court confirms the fine imposed on an electricity provider for abuse of dominance by supplying electric power of inadequate quality to a residential house (NESK-Elektroseti)

119

A million RUB fine upon “NESK-Elektroseti”* On 13th August 2014, the Arbitration Court of the North-Caucasus District confirmed legitimacy of the decision issued by the Office of the Federal Antimonopoly Service in the Krasnodar region (Krasnodar OFAS Russia) with regard to “NESK-Elektroseti” (...)

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

97

“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 Court confirms the fine imposed on an oil provider having unreasonably increased retail prices for gasoline and diesel fuel in Sochi (Lukoil)

163

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

77

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)

107

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)

94

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 Competition Authority for abuse of dominance (MOESK)

107

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)

87

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 Appeal Court confirms the legitimacy of a warning delivered by the Competition Authority to a pharmaceutical company that abused its dominance (Novo Nordisk)

201

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 Moscow Arbitration Court upholds the decision of the Competition Authority stating that an undertaking specialized in milk products had created discriminatory conditions for its suppliers (Ashan)

64

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

106

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 Competition Authority on the electricity provider for abuse of dominance (MRSK Urals)

103

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

65

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 Competition Authority’s decision stating that an electricity provider abused its dominant position (MOESK)

114

Cassation Court: “MOESK” OJSC abused market dominance* On 23rd April 2014, the Federal Arbitration Court of the Moscow District supported the rulings of the Court of First Instance and Appeal Court that had pronounced legitimacy of the decision and determination of the Federal Antimonopoly (...)

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

108

“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)

1321

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)

68

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 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)

138

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

70

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)

63

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

81

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

76

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)

63

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)

152

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

101

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)

53

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)

104

“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)

95

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 )

72

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

137

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

97

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)

78

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)

58

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)

59

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)

74

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 national competition law (Uzmobile / Rubicon Wireless Communication)

136

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 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 Russian Arbitration Court of Appeal upholds the decision of the Competition Authority having judged that a glucose syrup manufacturer did not abuse 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 imposing 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 Russian Arbitration Court upholds the decision of the 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 Moscow Arbitration Court upholds the decision of the Russian Competition Authority refusing to approve a merger in the electric power sector (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 Court of Appeal upholds the decision of the Russian Competition Authority finding that an 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 Moscow Arbitration Court upholds the decision of the Russian Competition Authority imposing fines on 20 companies in chemical industry for cartel (United Trade Company)

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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 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 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 / TDS / Veles Group / Bryansk Salt / TDS Rostov)

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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 (...)

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 (...)

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