Court Confirmed FAS Decision on Bassol & Promsol
OREANDA-NEWS. May 31, 2010. The 9th Arbitration Appeal Court upheld the judgment of the Moscow Arbitration Court, which dismissed the claim of "Bassol" OJSC on invalidating the FAS Russia's decision and determination (in the part about the price-raising agreement), reported the press-centre of FAS Russia.
FAS Russia found that "Bassol" OJSC and "Promsol" Ltd. violated Article 11 of the Federal Law "On Protection of Competition" (the competition-restricting agreement).
"Bassol" OJSC violated the law by concluding in 2008 an agreement with "Promsol" Ltd. on transferring exclusive rights to sell all output (salt) in the Russian Federation and other countries for the whole contract period. In particular, as a result of the contract between these market participants the price for the products of "Bassol" OJSC increased by 55%.
"Bassol" OJSC disagreed with the FAS Russia's decision and filed a lawsuit. However, the Courts of two instances confirmed legitimacy of the non-normative acts passes by the Antimonopoly Service, which found that "Bassol" OJSC and "Promsol" Ltd. violated Part 1 Article 11 of the Federal Law "On Protection of Competition" (entering into an agreement that resulted in fixing or maintaining prices).
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