OREANDA-NEWS  On 03 June was announced, that the Federal Antimonopoly Service (FAS Russia) initiated a case against "Maks-M" CJSC for violating Part 3 Article 11 of the Federal Law "On Protection of Competition".

The case was initiated upon receiving materials from the Tomsk Office of the Federal Antimonopoly Service (OFAS Russia).

Materials showed that "Maks-M" CJSC sent a letter to its Tomsk branch instructing to check inventory of the accounts of medical and preventive treatment facilities (LPU), where the funds for mandatory medical insurance are transferred.

If LPUs opened accounts in the banks that do not receive financial aid from the government, "Maks-M" CJSC instructed its Tomsk branch to insist that an LPU should open an account in one of the following banks: the Savings Bank of Russia, Bank VTB (OJSC), Bank VTB 24 (CJSC) "Rosselkhozbank" OJSC and "Gazprombank" OJSC.

To execute the instructions, the Tomsk branch of "Maks-M" CJSC sent a similar letter to ten LPUs.

FAS Russia trusts that such actions of "Maks-M" CJSC are in breach of the antimonopoly legislation.

Such actions of the insurance company can be classified as coordinating economic activities between LPUs, that can lead to transferring LPUs' accounts to the banks listed in the letter of "Maks-M" CJSC and highlighting them among the banks that offer services for opening and keeping accounts.

The case will be heard on 2nd July 2009.

Reference:

Part 3 Article 11 of the Federal Law "On Protection of Competition" forbids coordination of economic activity between market participants by physical persons, commercial and non-profit organisations if such coordination can lead to the consequences specified in Article 11 of the Federal Law "On Protection of Competition", particularly, dividing the goods market according to the categories of sellers.

Clause 14 Article 4 of the Federal Law "On Protection of Competition" defines coordination of economic activities as coordination of actions of economic entities by the third person that is not a member of the same group of persons with any of the persons of those economic entities.