OREANDA-NEWS. On April 02, 2009 the Federal Antimonopoly Service (FAS Russia) finalized the case against the Federal Customs Service (FTS Russia) for violating Part 1 Article 15 of the Federal Law "On Protection of Competition", reported the press-centre of FAS Russia.   

To stop antimonopoly violations, FAS Russia issued a determination to FTS Russia requesting to cancel or amend the act, which contravene the antimonopoly legislation, and to exercise actions aimed at protection of competition.

The antimonopoly case against the Customs Service was initiated upon a petition of "Tamozhennaya Karta" Ltd., that in 2000 was appointed the coordinator for emitting customs cards - the bankcards emitted by credit organizations and used for paying customs duties.

According to the regulations of FTS Russia, the coordinator for emitting customs cards shall coordinate actions of all participants of the payment system and provide informational support to them. Until March 2008, the coordinator for emitting customs cards was determined by credit organizations in agreement with FTS Russia.

In March-July 2008, FTS Russia made orders under which FTS Russia could single-handedly determine the coordinator for emitting customs cards. In July 2008, "Tamozhennaya Platezhnaya Sistema" Ltd. was appointed the coordinator instead of "Tamozhennaya Karta" Ltd.

Having investigated the case, FAS Russia concluded that the regulations and standards of FTS Russia allowed for a single coordinator for emitting customs cards and participation of the Customs Service in appointing the coordinator and it led to restricting competition between payment systems, used for payments with customs cards.

In such a situation, credit organizations are restricted in their choice of economic entities (emission coordinators), with whom they can enter into a contract for emitting customs cars; in particular, they are restricted in choosing between the competitors - "Tamozhennaya Karta" Ltd. and "Tamozhennaya Platezhnaya Sistema" Ltd.

In view of the above, FAS Russia found that FTS Russia violated Clause 2 and Clause 5 Part 1 Article 15 of the Federal Law "On Protection of Competition" in that при принятии актов, that resulted (could have resulted) in unreasonable prevention of activities of economic entities, as well as restrict the buyers of the goods in their choice of economic entities - suppliers of the goods.

FAS Russia will issue the full text of the decision and determination within ten working days.

Reference:
Under Clause 2 and Clause 5 Part 1 Article 15 of the Federal Law "On Protection of Competition", the federal executive bodies are forbidden to:

- unreasonably prevent activities of economic entities

- restrict the buyers of the goods in their choice of economic entities - suppliers of the goods.