OREANDA-NEWS. September 02, 2010. The Federal Antimonopoly Service (FAS Russia) initiated a case against “Caustic” OJSC and its dealers: “Promkhim” Ltd., “Orion” Ltd., “GRANTRADE” Ltd., “Khimia Yuga” Ltd., “Biakr” Ltd., “SanaraKhimResource” Ltd., “Logosib” Ltd. and “KHIMPEK” Shareholding Company” CJSC upon the signs of violating Clauses 1 and 2 Part 1.2 Article 11 of the Federal Law “On Protection of Competition”, reported the press-centre of FAS Russia.

FAS Russia is suspecting an antimonopoly violation as “Caustic” OJSC (Volgograd), a producer of caustic soda, and its buyers entered into dealer agreements containing requirements, which resulted (could have resulted) in fixing resale prices for such goods. The agreements also included requirements that forbade dealers to enter into similar dealer agreements with other producers or buy similar products from them.

Part 1.2 Article 11 of the Federal Law “On Protection of Competition” prohibits “vertical” agreements between economic entities (except “vertical” agreements allowed under Article 12 of the Federal Law “On Protection of Competition”), if:

1) such agreements lead or can lead to fixing resale price;

2) by such an agreement the seller requires the buyer not to allow selling competitors’ goods. This prohibition is not applicable to the agreement on buyer selling good under the seller’s or producer’s trade market or commercial name.