OREANDA-NEWS. March 25, 2011. The Federal Antimonopoly Service (FAS Russia) initiated a case against Moscow Committee for Architecture and Urban Development upon the signs of violating Part 1 and Part 3 Article 15 of the Federal Law “On Protection of Competition”, reported the press-centre of FAS Russia.

The case was initiated upon a petition of “GB Outdoor” Ltd. that had to deal with administrative barriers trying to obtain a permit for installation of outdoor advertising and information structures.

Moscow Committee for Architecture and Urban Development is one of the authorised bodies that approves upon installation and operation of outdoor advertising and information facilities. The Committee is responsible for approving design projects of all types of outdoor advertising and information facilities. However, the Committee does not approve upon design projects, if the owner of a design construction does not present analytical materials and a conclusion from “GlavAPU” State Unitary Enterprise about possibility to install an object of outdoor advertising and information. This practice has the signs of violating the antimonopoly law.

FAS Russia will also verify how justified is the Order of Moscow Committee for Architecture and Urban Development “On the Main Requirements for Placing Outdoor Advertising Objects in Moscow”, which prohibits placing new advertising constructions within the Garden Ring. This practice also has the signs of violating the antimonopoly law.

“FAS Russia is of the opinion that activities of the authorised bodies for approving installation and operation of advertising constructions and of the organisations subordinate to them create barriers for operators on the market of outdoor advertising. Unfortunately, in Moscow such practice has a systemic character”, said the Head of FAS Russia’s Department for Control over the Authorities Vladimir Mishelovin.

The case hearing is scheduled on 6th April 2011.

Reference:

• Part 1 Article 15 of the Federal Law “On Protection of Competition” prohibits federal executive bodies, the authorities of the constituent territories of the Russian Federation, local self-government bodies, other bodies and organisations exercising the functions of the above bodies, as well as state extra-budgetary funds, the Central Bank of the Russian Federation to pass acts and (or) exercise actions (omissions) that lead or can lead to preventing, restricting, eliminating competition, except when passing such acts and (or) exercising such actions (omissions) is provided for by federal laws.;


• Part 3 Article 15 of the Federal Law “On Protection of Competition” prohibits combining the functions of federal executive bodies, executive bodies of the constituent territories of the Russian Federation, other authorities, local self-government bodies with the functions of economic entities except cases specified by the federal laws, the Orders of the President of the Russian Federation, the Decrees of the Government of the Russian Federation, as well as assigning the functions and the rights of the above bodies to economic entities, including the functions and the rights of the bodies of state control and supervision.