OREANDA-NEWS. October 10, 2011. “King-95” Ltd. transferred the fine imposed upon the company (1. 8 Million Rubles) to the budget, reported the press-centre of FAS Russia.  

In December 2009, the Office of the Federal Antimonopoly Service in the Republic of Sakha-Yakutia (Yakutia OFAS Russia) found that “King-95” Ltd. and “Sonor” Scientific-and Production Commercial Firm” Ltd. violated Clause 2 Part 1 Article 11 of the Federal Law “On Protection of Competition”. The companies violated the law by exercising concerted actions, which resulted in maintaining auction prices.

In August 2009, “Government Customer Service at the Government of Sakha (Yakutia) Republic” State Institution organized an open auction for construction-and-assembly works at the airport terminal in Yakutsk (1st turn).

The Commission of Yakutia OFAS Russia established that the companies agreed to maintain the price of the government contract at the maximum level (99.5 % of the initial contract price). “King-95” Ltd. filed the only bid and was pronounced the auction winner.

In April 2010 Yakutia OFAS Russia issued an order to “King-95” Ltd. imposing an administrative fine.

The company filed a lawsuit challenging the order of the antimonopoly body.

The Arbitration Court reversed the order about the administrative fine. The Appeal Court supported the Court of First Instance. The Federal Arbitration Court of East-Siberian District, in its turn, reversed the judgment of the Court of First Instance and the ruling of the Appeal Court and forwarded the case for reconsideration.

At a new hearing, the Arbitration Court of First Instance revoked the order on imposing the administrative fine, referring to wrong qualification of company’s actions by the antimonopoly body. The Appeal Court supported the conclusions of the Court of First Instance.

On 25th August 2011, the Federal Arbitration Court of East-Siberian District reversed judicial acts of the Court of First Instance and the Appeal Instance and passed new judicial acts, which dismissed the claim of “King-95” Ltd. to invalidate the administrative fine. Arbitration Court of Cassation Instance agreed with the position of the antimonopoly body and specified that the case materials confirmed the fact of committing the administrative violation by “King-95” Ltd.