04.05.2007, 07:29
FAS Russia: Case Against the «KKhChK Polymer Plant» Ltd
OREANDA-NEWS. April 27, 2007. In February 2007, the Federal Antimonopoly Authority (FAS Russia) initiated a case against the "KKhChK Polymer Plant" Ltd. for breaching the antimonopoly legislation. The plant intended to stop the output of the products (slurry polytetrafluorethylen) that have sustainable demand, which would be technologically and economically unreasonable, reported the press-centre of FAS Russia.
Taking into consideration that the above production could be stopped in course of the case consideration, FAS Russia issued determinations to the "KKhChK Polymer Plant" Ltd. on inadmissibility of unreasonable termination of the product output.
FAS Russia emphasizes that the determinations was issued irrespective of the case proceedings and constituted a preventive measure.
The determination in question was appealed to the Moscow Arbitration Court that subsequently found it unlawful.
Lapse of the above determination, however, does not affect the ongoing proceedings on the case initiated against the "KKhChK Polymer Plant" Ltd. for breaching Article 10 of the Federal Law " On Competition Protection" (abusing dominant position).
On 23rd March, the FAS Russia Commission suspended the case under Part 3 Article 47 of the Federal Law "On Competition Protection" in order to carry out the necessary expertise.
Currently FAS Russia is organizing a required technical expert examination.
Upon receiving the experts' conclusion, the FAS Russia Commission will make a decision on the case, and if the breach of the antimonopoly legislation by the "KKhChK Polymer Plant" Ltd. is confirmed, it will issue аn appropriate determination and apply turnover fines according to the amendments to the Code of the Russian Federation on Administrative Violations, that comes into force on 13th May 2007.
Taking into consideration that the above production could be stopped in course of the case consideration, FAS Russia issued determinations to the "KKhChK Polymer Plant" Ltd. on inadmissibility of unreasonable termination of the product output.
FAS Russia emphasizes that the determinations was issued irrespective of the case proceedings and constituted a preventive measure.
The determination in question was appealed to the Moscow Arbitration Court that subsequently found it unlawful.
Lapse of the above determination, however, does not affect the ongoing proceedings on the case initiated against the "KKhChK Polymer Plant" Ltd. for breaching Article 10 of the Federal Law " On Competition Protection" (abusing dominant position).
On 23rd March, the FAS Russia Commission suspended the case under Part 3 Article 47 of the Federal Law "On Competition Protection" in order to carry out the necessary expertise.
Currently FAS Russia is organizing a required technical expert examination.
Upon receiving the experts' conclusion, the FAS Russia Commission will make a decision on the case, and if the breach of the antimonopoly legislation by the "KKhChK Polymer Plant" Ltd. is confirmed, it will issue аn appropriate determination and apply turnover fines according to the amendments to the Code of the Russian Federation on Administrative Violations, that comes into force on 13th May 2007.
Комментарии