OREANDA-NEWS. November 02, 2010. The case Kemerovo OFAS Russia versus the “Kuzbass Alcohol Union” Non-Commercial Organization (“Garanita Kachestva”) and its 28 members, considered by Kemerovo Regional Arbitration Court, is transferred to the Presidium of the Supreme Arbitration Court of the Russian Federation for supervisory review of the rulings of the Courts of First, Appeal and Cassation Instances, reported the press-centre of FAS Russia.

On 2nd June 2009, Kemerovo OFAS Russia established the fact of violating Part 1 Article 11 of the Federal Law “On Protection of Competition” by the “Kuzbass Alcohol Union” Non-Commercial Organization (“Garanita Kachestva”) and its members (organization involved in retail sale of alcohol products) who reached a competition-restricting agreement.

The antimonopoly body established that organizations – members of the “Kuzbass Alcohol Union” reached an Agreement, the essence of which was fixing prices for alcohol products. Members of the Union formalized their agreements to observe a unified pricing policy in retail sale of alcohol products produced in the Kemerovo region. They also agreed to fix the minimum retail price for vodka produced in the Kemerovo region.

“RSA” Ltd., a member of the “Kuzbass Alcohol Union” Non-Commercial Organization (“Garanita Kachestva”), disagreed with the decision of the antimonopoly authority and filed a lawsuit to Kemerovo Regional Arbitration Court in order to invalidate the decision. The Court brought into the proceedings other 27 union members as well as the “Kuzbass Alcohol Union” itself.

Kemerovo Regional Arbitration Court fully allowed the claim; the judgment was later upheld by the 7th Arbitration Appeal Court and the Federal Arbitration Court of the West-Siberian District.

None of the Courts took the side of the antimonopoly authority.

Believing that the Arbitration Courts breached the principles of uniformity interpreting and applying legal norms, the antimonopoly body approached the Supreme Arbitration Court of the Russian Federation.

As follows from the definition of the highest court, which transferred the case for consideration to the Presidium of the Supreme Arbitration Court of the Russian Federation, the opinion of the antimonopoly body about erroneousness of the findings of the Courts of three instances was justified.

“The case is of enormous significance for the antimonopoly bodies in general”, says the Head of Kemerovo OFAS Russia, Ms. Natalia Koukharskaya. “For over than a year we have been arguing with the “Kuzbass Alcohol Union” in Arbitration Courts trying to prove unlawfulness of the Agreement. Our officers attended more than 60 hearings at Arbitration Courts on the claims made by members of the “Kuzbass Alcohol Union”. After such prolonged struggle it is especially indicative that the Courts findings will be reviewed by the Highest Court Instance. There are reasons to expect lawful and impartial conclusions on the case.”