Court Confirmed FAS Decision on Rosnedra
OREANDA-NEWS. March 16, 2010. The Moscow Arbitration Court confirmed validity of the conclusions made by the Federal Antimonopoly Service (FAS Russia) regarding the Federal Agency for Subsurface Resources Management (Rosnedra). The Agency determined the print media for publishing information about the auctions for use of the sites of subsurface resources without mandatory competitive bidding, reported the press-centre of FAS Russia.
On 17th April 2009, FAS Russia found that Rosnedra violated Part 1 Article 15 of the Federal Law "On Protection of Competition". Without a public procedure (competitive bidding) Rosnedra determined a national media for publishing notices regarding forthcoming auctions (tenders) for the right to use the sites of subsurface resources (the "Nedropolzovania v Rossii" newsletter), which violated the law.
FAS Russia established that the notices about forthcoming auctions (tenders) for the right to use the sites of subsurface resources must be published in media, which is to be selected by Rosnedra.
FAS Russia also established that access to the information about auctions (tenders) for the right to use the sites of subsurface resources on the Internet site of the "Nedropolzovania v Rossii" newsletter (geoinform.ru) was available only after a user had to pay for registering on the Internet site. Therefore, economic entities wishing to participate in competitive bidding for the right to use the site of subsurface resources must pay a fee and subscribe for the "Nedropolzovania v Rossii" newsletter in an electronic or a printed format.
Complete information about regarding forthcoming auctions (tenders) for the right to use the sites of subsurface resources is not published otherwise, including publicly-accessible Internet sites, there is a guaranteed demand for the media that publishes such information.
FAS Russia issued a determination to Rosnedra to eliminate the violation by organizing competitive bidding to determine the media, which would publish notices about forthcoming auctions (tenders) for the right to use the sites of subsurface resources.
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