OREANDA-NEWS. February 28, 2008. The Moscow Arbitration Court confirmed validity of the decision and determination of the Federal Antimonopoly Service (FAS Russia) regarding the Federal Service for Veterinary and Phytosanitary Supervision (Rosselkhoznadzor), reported the press-centre of FAS Russia. 

On 6th September 2007, FAS Russia recognized that Rosselkhoznadzor violated Part 1 Article 15 of the Federal Law "On Protection of Competition".

The case was initiated upon petitions of a number of economic entities involved in disinfecting quarantine objects and products in the Russian Federation.

FAS Russia recognized that:

- MinSelkhoz Russia and Rosselkhoznadzor violated Article 15 of the Federal Law "On Protection of Competition" by its lack of actions that led to restricting competition on the market of disinfecting quarantine objects and products in the Volgograd, Voronezh, Ryazan, Rostov, Tver, Ulyanovsk and Chelyabinsk, and regions.

- Rosselkhoznadzor violated Part 3 Article 15 of the Federal Law "On Protection of Competition" by granting the functions and the rights of a federal executive body to an economic entity - the "All-Russian Centre for Plant Quarantine" Federal State Institution, in terms of granting the functions on identifying quarantine and phyto-sanitary status of quarantine objects in the Russian Federation.

FAS Russia established that actions undertaken by some Rosselkhoznadzor regional offices, namely, the Rosselkhoznadzor Office in the Voldograd region, the Rosselkhoznadzor Office in the Voronezh region, the Rosselkhoznadzor Office in the Ryazan region, the Rosselkhoznadzor Office in the Rostov region, the Rosselkhoznadzor Office in the Tver region, the Rosselkhoznadzor Office in the Ulyanovsk region, and the Rosselkhoznadzor Office in the Chelyabinsk region violated Clauses 2, 4 and 5 Part 1 Article 15 of the Federal Law "On Protection of Competition".

The above organizations violated the law by undertaking actions that resulted in restricting competition on the market of disinfecting objects and products; namely, unjustified prevention of activity of economic agents, issuing instructions to economic agents on entering into agreements on a priority basis, and setting restrictions for the buyers of goods (services) on the choice of economic agents providing such goods (services).

In its turn, failure by Rosselkhoznadzor to take measures towards terminating violations of the antimonopoly legislation by regional Rosselkhoznadzor offices resulted in competition restriction and unjustified prevention of activity of economic agents, operating on the market in question.

Having consider the case, FAS Russia issued determinations to MinSelkhoz Russia, Rosselkhoznadzor and several its regional offices requested them to eliminate the antimonopoly violations.

Rosselkhoznadzor disagreed with the decision and determination of FAS Russia and appealed.

The Moscow Arbitration Court confirmed validity of the FAS Russia's legal acts regarding Rosselkhoznadzor.