Court Confirmed Validity of Fine upon RASK Insurance Company
OREANDA-NEWS. March 15, 2010. The Arbitration Court of the Rostov Region pronounced legitimacy of the determination issued by the Rostov Office of the Federal Antimonopoly Office (OFAS Russia) about imposing an administrative fine upon "RASK" Insurance Company" Ltd., reported the press-centre of FAS Russia.
At the end of 2009, the Rostov OFAS Russia issued a determination on imposing administrative fine upon "RASK" Insurance Company" Ltd. (75,430 Rubles) for violating Clause 5 Part 1 Article 11 of the Federal Law "On Protection of Competition" (prohibiting competition restricting agreements). Buyers of bus tickets at the Rostov-on-Don bus station were imposed an insurance policy of "RASK" Insurance Company" Ltd., which was registered at the same time with a bus ticket and was included in the overall price without buyer's consent. When the passengers asked not to register the insurance policy, cashiers at the bus station refused to accept their requests.
Earlier the insurance company tried to challenge the decision of the Rostov OFAS Russia that is had violated the antimonopoly law. The ruling of the Federal Arbitration Court of the North-Caucasus District, that came into force on 3rd February 2010, upheld the judgment of the 15th Arbitration Appeal Court, which confirmed legitimacy of the decision passed by the Rostov OFAS Russia.
The Courts pronounced that concerted actions of "Donavtovokzal" OJSC and "RASK" Insurance Company" Ltd. towards imposing insurance policies for the bus passengers when they bought bus tickets violated the provision prohibiting competition-restricting agreements and constituted the grounds for imposing a "turnover fine".
"In spite of the Court judgments, "Donavtovokzal" OJSC and "RASK" Insurance Company" Ltd. continue imposing insurance policies upon the buyers of bus tickets and, therefore, continue violating the antimonopoly legislation, which is confirmed by complaints that we are receiving. At the moment we have initiated a second case on this violation, which will be considered on 23rd March 2010. For a repeated violation the companies are facing more severe sanctions", said Vadim Korneev, the Head of the Rostov OFAS Russia.
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