OREANDA-NEWS. February 24, 2011. The Federal Antimonopoly Service (FAS Russia) initiated a case against the Social Insurance Fund of the Russian Federation (further on referred to as the Fund) and its branches in the Sverdlovsk, Tver, Stavropol and Arkhangelsk regions upon the signs of violating Part 1 Article 15 of the Federal Law “On Protection of Competition”, reported the press-centre of FAS Russia.

FAS Russia initiated the case upon receiving a petition from the “Russian Post” Federal State Unitary Enterprise that regional branches of the Fund violated the antimonopoly law.

Investigating the petition, FAS Russia established that in June 2009 – January 2010 the Sverdlovsk, Tver, Stavropol and Arkhangelsk branches of the Fund had sent notifications (letters) to beneficiaries and insurance payments informing them about changes in the method of receiving the insurance payments.

According to the information available to FAS Russia, the Fund sent a letter to the managers of its regional branches with recommendations how they should optimize postage expenses. The Fund informed the managers that they must outreach insurance beneficiaries and explain that payments should be received through credit organisations as when the regional branches make payments through the credit organisations such expenses are minimal. The Funds emphasised the absence of such expenses when working through the “Savings Bank of Russia” OJSC.

FAS Russia concluded that the Fund instructed its regional branches to work with the beneficiaries of insurance payments towards persuading them to stop using the services of the “Russian Post” Federal State Unitary Enterprise and start transferring insurance payments through credit organisations. Indirectly the Fund advised to choose the “Savings Bank of Russia” OJSC.

Following the instructions, the Sverdlovsk, Tver, Stavropol and Arkhangelsk branches of the Fund notified more than 8000 beneficiaries that in order to be able to receive insurance payments they must open accounts in the “Savings Bank of Russia” OJSC. Some of these notifications contained direct instructions that beneficiaries should stop using the services of the “Russian Post” Federal State Unitary Enterprise.

Under the Law of the Russian Federation, insurance payments are made either through the federal postal service or other organisation depending on the method selected by the beneficiary.

According to FAS Russia, such actions of the Fund and its regional branches prevent activities of the “Russian Post” Federal State Unitary Enterprise and can restrict beneficiaries of insurance payments in their choice of economic entities, including credit organisations, whose services they can use to receive insurance payments.

The date of the case hearing will be specified within fifteen days upon issuing the order to initiate the case.

Reference:

Part 1 Article 15 of the Federal Law “On Protection of Competition” prohibits extra-budgetary funds to pass acts and (or) exercise actions (omissions) that lead or can lead to preventing, restricting or eliminating competition, except when passing such acts and (or) exercising such actions (omissions) is provided for by federal laws, in particular:

- It is prohibited to unreasonably prevent activities of economic entities (Clause 2);

- Restricting buyers of goods in their choice of economic entities that provide such goods (Clause 5).