FAS Finalized Case against Authorities of Moscow Region
OREANDA-NEWS. August 05, 2009. The Federal Antimonopoly Service (FAS Russia) finalized the case against the Moscow Regional Duma, the Government of the Moscow region, the ministry of Finances of the Moscow region and the Ministry of Construction of the Moscow Region for violating Part 1 Article 15 of the Federal Law "On Protection of Competition" (adopting acts or exercising actions that can lead to preventing, restricting or eliminating competition), reported the press-centre of FAS Russia.
The FAS Russia's Commission concluded that the Moscow Regional Duma and the Ministry of Construction of the Moscow region violated the antimonopoly legislation. The authorities adopted acts that were contrary to the Law and did not undertake the necessary actions, which resulted in "Mortgage Corporation of the Moscow District" OJSC receiving unjustified advantages in terms of government guarantees of the Moscow region.
This is the first decision of the antimonopoly authority against a legislature of a constituent territory of the Russian Federation.
Within the scope of reference under the existing version of the Law "On Protection of Competition", FAS Russia recommended the Moscow Regional Duma to observe the antimonopoly legislation granting government guarantees of the Moscow region to different economic entities.
FAS Russia will also issued a determination the Ministry of Construction of the Moscow Region to select the economic entities, which will participate in the regional target programme "Zhilishce", through competitive bidding.
With adopting the "second antimonopoly package", from August 2009 the antimonopoly bodies will have the right to file a lawsuit on abolishing or invalidating normative legal acts issued by the legislative bodies of the constituent territories of the Russian Federation if implementing those acts can result in restricting, preventing or eliminating competition.
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