The Russian Supreme Commercial Court upholds lower courts’ rulings dismissing concerns over price coordination by 11 hotels during the 12th St. Petersburg International Economic Forum in 2008 (Russian Hotels)

Background In 2008 the St. Petersburg branch of the Federal Antimonopoly Service (FAS) of the Russian Federation decided that 11 hotels infringed Part 1 of Article 11 of the Competition Act [1]. The FAS found that the hotels coordinated a substantial price increase during the 12th St. Petersburg International Economic Forum (SPIEF) on June 6-8, 2008 [2]. Article 11 of the Competition Act (the national analogue of Art. 101 TFEU) prohibits agreements and coordinated actions if they fix prices or lead to a price increase. A starting point of a legal assessment under Article 11 would be to prove the existence of agreements between undertakings. However, in this case the FAS decided it was not necessary, given the high transparency of the market. The FAS noted that: Room prices charged

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Vitaly Pruzhansky, The Russian Supreme Commercial Court upholds lower courts’ rulings dismissing concerns over price coordination by 11 hotels during the 12th St. Petersburg International Economic Forum in 2008 (Russian Hotels), 22 July 2010, e-Competitions July 2010, Art. N° 32666

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