OREANDA-NEWS. September 09, 2010. The Arbitration Court of the Dagestan Republic ruled that the Dagestan Office of the Federal Antimonopoly Service (FAS Russia) had lawfully fined “Derbent Sparkling Wine Plant” OJSC (“DZIV” OJSC) 300,000 Rubles, reported the press-centre of FAS Russia.

In June 2010, the Dagestan OFAS Russia initiated a case against “DZIV” OJSC for the signs of violating Article 25 of the Federal Law “On Protection of Competition” and Part 5 Article 19.8 of the Code of the Russian Federation on Administrative Violations.

Upon a request of the Dagestan OFAS Russia, by 4th June 2010 “DZIV” OJSC must have submitted information and documents required by the antimonopoly body to exercise its powers under the Federal Law “On Protection of Competition” on controlling economic concentration and evaluating the state of competition on the relevant market.

“DZIV” OJSC failed to meet the deadline for submitting information and documents required by the antimonopoly office, and the Dagestan OFAS Russia fined the company 300,000 Rubles.

“DZIV” OJSC filed a claim to the Arbitration Court of the Dagestan Republic asking to revoke the decision of the Dagestan OFAS Russia as contrary to the antimonopoly law of the Russian Federation.

The Arbitration Court supported the conclusions of the antimonopoly body and pronounced legitimacy of the decision made by OFAS regarding the “Derbent Sparkling Wine Plant” OJSC.

According to Kurban Koubasaev, the Head of the Dagestan OFAS Russia, “the ruling of the Arbitration Court is a result of meticulous efforts taken by the Office of the Antimonopoly Service towards cutting down on repetitive violations of the antimonopoly law and preventing potential abuses in this field”.

Reference:
Article 25 of the Federal Law “On Protection of Competition” requires commercial organizations and non-commercial organizations (their executive officers), federal executive bodies (their officials), the executive bodies of the constituent territories of the Russian Federation (their officials), local self-government bodies (their officials), other bodies or organizations exercising the functions of the above bodies (their officials), as well as state extra-budgetary funds (their officials), physical persons, including individual entrepreneurs, to submit to the antimonopoly authority, upon its reasonable requests, documents, written and oral explanations, information (including trade secrets, official secrets and other legally protected secrets), required by the antimonopoly authority in accordance with its assigned responsibilities to consider petitions and materials about antimonopoly violations, or cases on antimonopoly violations, to exercise control over economic concentration or to determine the state of competition.

Under Part 5 Article 19.8 of the Code of the Russian Federation on Administrative Violations, failure to present data (information), specified by the antimonopoly law of the Russian Federation, to the federal antimonopoly authority or its regional offices, including failure to submit data (information) upon a request of the above bodies, is punishable by an administrative fine upon citizens – from 1,500 to 2,500 Rubles; upon officials and executive officers – from 10,000 to 15,000 Rubles; and upon legal entities – from 300,000 to 500,000 Rubles.