Agreement between Auction Organizer, Bidder Resulted in Criminal Case
OREANDA-NEWS. June 23, 2011. The Investigation Committee of the Russian Federation initiated a criminal case against the Head of State Procurement and Enforceability Department of “Chernozemupravavtodor” Federal State Institution, Mr. Lukashuk, upon the signs of violating Part 1 Article 286 of the Criminal Code of the Russian Federation (abuse of office).
On 13th October 2010, the Federal Antimonopoly Service (FAS Russia) found that “Chernozemye” Federal Highway Office” Federal State Institution and “DEP-36” Ltd. violated Clause 2 Part 1 Article 11 of the Federal Law “On Protection of Competition” (prohibiting competition-restricting concerted actions).
The case was initiated upon a complaint of “Dorspetsstroi” Ltd.
FAS Russia established that “Chernozemye” Federal Highway Office organized competitive bidding for the works for capital repair of a section of А-144 Highway (Kursk – Voronezh – Borisoglebsk) until “Kaspii” Motorway – section 213+000 km - 218+500 km (I launching complex) in the Voronezh region.
A video-record submitted by “Dorspetsstroi” Ltd.shows that upon opening the bid of “DEP-36” Ltd. the Commission Chairman announced the period of works and their costs, which were different from those specified in the bid. As a result, “DEP-36” Ltd. won.
FAS Russia concluded that such actions were nothing by the result of an agreement between the auction organizer and a bidder, the purpose of which was to ensure that “DEP-36” Ltd. would win.
On 15th December 2010, FAS Russia fined “Chernozemye” Federal Highway Office” Federal State Institution of the Federal Traffic Agency 100,000 Rubles, and "Dorozhno-Ekspluatatsionnoe Predpriyatie - 36" Ltd. – 3,388,450 Rubles for concluding and implementing the unlawful agreement that resulted in restricting competition.
“The Antimonopoly Service transferred the case file to Investigation Committee of the Russian Federation”, said the Head of the FAS Russia’s Cartel Department, Alexander Kinyov. “The Investigation Committee is of the opinion that the materials submitted by FAS Russia show the signs of Mr. Lukashuk abusing his office and exercising actions that clearly exceed the scope of his authority and involved considerable violation of the rights and legitimate interests of “Dorspetsstroi” Ltd.
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