OREANDA-NEWS. July 11, 2011. The Federal Antimonopoly Service (FAS Russia) terminated the case against “Atomcomplect” OJSC (the group of persons of “Rosatom” State Corporation) due to absence of antimonopoly violations, reported the press-centre of FAS Russia.

Earlier, on 29th April 2011 FAS Russia initiated a case against “Atomcomplect” OJSC upon the signs of violating Part 1 Article 17 of the Federal Law “On Protection of Competition”.

The case was initiated upon a complaint of “Vysokovoltnie Elektricheskie Sistemy” Ltd. about actions of “Atomcomplect” OJSC in course of competitive bidding. “Atomcomplect” OJSC organized a tender for the right to conclude a contract for supply of gas-insulated switchgear and control gear (220 kv, 500 kv) for NBAES-2.

The tender documentation specified that the bidder’s turnover for 2009 and nine months of 2010 must be 1,129,661,000 Rubles, which according to “Vysokovoltnie Elektricheskie Sistemy” Ltd. restricted competition by excluding the company from the list of the tender bidders because it allegedly failed to meet the above criteria.

Having studied all case materials, the FAS Russia’s Commission revealed that the tender was organized in accordance with the Civil Code of the Russian Federation. “Atomcomplect” OJSC was allowed to set any criteria and requirements in the tender documentation that comply with the antimonopoly law.

Making a decision to take part in the tender “Vysokovoltnie Elektricheskie Sistemy” Ltd. agreed with this requirement and did not challenge legitimacy of setting this criteria.

The FAS Russia’s Commission concluded that the requirements set by the tender documentation were the same for all potential bidders; therefore, all bidders were in the same competitive conditions.

Reference:

Part 1 Article 17 of the Federal Law “On Protection of Competition” prohibits actions that lead to can lead to prevention, restriction or elimination of competition in course of competitive bidding, particularly by creating preferential conditions for a bidder or several bidders.