OREANDA-NEWS. May 24, 2011. The Federal Antimonopoly Service (FAS Russia) initiated a case against “OK RUSAL – Trading House” OJSC upon the signs of abusing its dominance on the silicon market, reported the press-centre of FAS Russia.

Investigating a petition of the “Council of Industrial Enterprises of Secondary Non-Ferrous Metal Industry” Non-Commercial Partnership, FAS Russia identified some signs of violating Clauses 1 and 5 Part 1 Article 10 of the Federal Law “On Protection of Competition” by “OK RUSAL – Trading House” OJSC. The company imposed disadvantageous contract conditions upon counteragents or conditions irrelevant to the contract subject, as well as refused to conclude contracts or avoided contracts with particular domestic buyers of silicon without any economic or technological justification when there were possibilities to produce or supply the goods.

FAS Russia also suspects that “OK RUSAL – Trading House” OJSC violated Clause 8 Part 1 Article 10 of the Federal Law “On Protection of Competition” by creating discriminatory conditions for domestic consumers in comparison with foreign consumers of silicon.

Reference:

1. Clause 3 Part 1 Article 10 of the Federal Law “On Protection of Competition” prohibits imposing disadvantageous contract conditions upon a counteragent or conditions irrelevant to the contract subject (economically or technologically unjustified and (or) not directly provided for by the federal laws);

2. Clause 5 Part 1 Article 10 of the Federal Law “On Protection of Competition” prohibits economically or technologically unjustified refusals to conclude contracts or avoiding contracts with particular buyers (customers) if there is possibility to produce or supply relevant goods, and if such refusing to conclude or avoiding contracts are not directly provided for by the federal laws;

3. Clause 8 Part 1 Article 10 of the Federal Law “On Protection of Competition” prohibits creating discriminatory conditions.