Roszdravnadzor Restricted Competition, FAS
OREANDA-NEWS. May 24, 2011. The Commission of the Federal Antimonopoly Service (FAS Russia) found that the Federal Service for Control over Health Care and Social Development (further on referred to as Roszdravnadzor) violated Part 1 Article 15 of the Federal Law “On Protection of Competition”. Upon the fact of the violation, the FAS Russia’s Commission issued a determination to Roszdravnadzor to stop violating the antimonopoly law and shall forward the materials about registration of LK 79090 tubing lines to the General Prosecutor’s Office of the Russian Federation, reported the press-centre of FAS Russia.
Roszdravnadzor violated Part 1 Article 15 of the Federal Law “On Protection of Competition” by terminating circulation of LK 79090 sterile blood tubing line, made by F.M.S.p.A., Italy. The product is registered according to the established procedures and has a certificate of conformity and a sanitary-and-epidemiological inspection certificate. Registering the products for medical purposes Roszdravnadzor did not establish whether particular expendable materials belong to specific brands of artificial kidney apparatus, which restricted competition on the market of circulation of expendable materials for artificial kidney apparatus.
Investigating the case, the FAS Russia’s Commission repeatedly issued definitions for Roszdravnadzor to test whether LK 79090 sterile blood tubing line, made by F.M.S.p.A., Italy, is compatible with INNOVA haemodialysis machine, made by Gambro Dasco S.p.A., of Italy.
Roszdravnadzor failed to do the testing so under Part 1 Article 15 of the Federal Law “On Protection of Competition” the FAS Russia’s Commission concluded that omissions of Roszdravnadzor restricted competition.
Reference:
Part 1 Article 15 of the Federal Law “On Protection of Competition” prohibits federal executive bodies, executive bodies of the constituent territories of the Russian Federation, local self-government bodies, other bodies and organizations 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.
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