Ulyanovsk Region Withdrew Unlawful Requirements to Replace Kiosks
OREANDA-NEWS. August 10, 2011. Ulyanovsk Mayor’s Office and the Committee for Managing City Property abd Land Resources of Ulyanovsk Mayor’s Office notified the Office of the Federal Antimonopoly Service in the Ulyanovsk Region (Ulyanovsk OFAS Russia) about executing a determination to stop an antimonopoly violation, reported the press-centre of FAS Russia.
In September 2010, the Commission of Ulyanovsk OFAS Russia found that in breach of Clause 2 Part 1 Article 15 of the Federal Law “On Protection of Competition” Ulyanovsk Mayor’s Office set requirements to the exterior of temporary retail facilities (trading pavilions, kiosks) in Ulyanovsk that were not provided for by normative legal acts. The Commission of Ulyanovsk OFAS Russia also found that the Committee for Managing City Property abd Land Resources of Ulyanovsk Mayor’s Office violated Clause 2 Part 1 Article 15 of the Federal Law “On Protection of Competition”. The Committee included certain requirements in the land lease agreements for placing temporary facilities that were irrelevant to the subject of the land lease agreement. The Committee also set different land lease periods for different economic entities for placing temporary facilities, which was also in breach of the antimonopoly law.
Establishing the fact of the violation, OFAS issued a determination to the local authorities to stop violating the law.
Legitimacy of the decision and determination issued by Ulyanovsk OFAS Russia were later confirmed by Ulyanovsk Regional Arbitration Court and the 11th Arbitration Appeal Court in Samara.
“Forcing enterpreneurs to replace trade kiosks with unified pavilions according to the approved project at their own expense, the municipal authorities unreasonably prevented activities of the owners of retail outlets. The Courts of two instances agreed with the conclusions made by the antimonopoly body. Execution of the determination will support such segment of retail trade as trading food and non-food products at kiosks”, pointed out the Head of the Goods Market Department of Ulyanovsk OFAS Russia, Ms. Maria Stepanova.
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