OREANDA-NEWS. April 01, 2011. The Federal Arbitration Court of the Povolzhye District confirmed validity of the decision and determination issued by the Office of the Federal Antimonopoly Service in the Saratov region (Saratov OFAS Russia) regarding the Committee for Procurement Coordination and Control and the Government of the Saratov region, reported the press-centre of FAS Russia.

In July 2010, the Commission of Saratov OFAS Russia found that the Committee for Procurement Coordination and Control violated Clause 2 Part 1 Article 15 of the Federal Law “On Protection of Competition”. The Government of the Saratov region was brought into the proceedings as an interested person.

Earlier the Committee adopted the Regulations on open auctions in the electronic form for procurement of goods, works, services for the state needs of the Saratov region and filing the bids on the state procurement web-site of the Saratov region, which breached the Federal Law “On State Procurement”. The Regulations provided for mandatory accreditation of participants as users of an automated information system. Also, upon presenting the necessary documents, the Committee within three working days accredits a legal or a physical person as a user.

Saratov OFAS Russia found that the Committee violated the antimonopoly law by exercising competition-restricting actions.

The Committee disagreed with the decision made by Saratov OFAS Russia and filed a lawsuit. However, Saratov regional Arbitration Court and the 12th Arbitration Appeal Court dismissed the claim.

The Federal Arbitration Court of the Povolzhye District drew a line in the judicial dispute between the Committee for Procurement Coordination and Control, the Government of the Saratov region and Saratov OFAS Russia, when it recognised legitimacy of the decision made by Saratov OFAS Russia.

“Such provisions of the Regulations limited the number of bidders. For instance, “PPD-Znak” Ltd., “Vikom” Ltd. and “Bazis-NN” Ltd. could not take part in three auctions”, said Deputy Head of Saratov OFAS Russia, Ms. Lyudmila Borisova.

Reference:

Clause 2 Part 1 Article 15 of the Federal Law “On Protection of Competition” prohibits 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 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 actions (omissions) is provided for by the federal laws; in particular, it is prohibited: unreasonably preventing activities of economic entities, particularly by setting requirements to the goods and economic entities that are not provided for by the law of the Russian Federation.