OREANDA-NEWS. November 17, 2011. The Commission of the Federal Antimonopoly Service (FAS Russia) found that “PTOTEK” TsV” CJSC, “ROSTA” CJSC, and “R-PHARM” CJSC violated Clause 2 Part 1 Article 11 of the Federal Law “On Protection of Competition” (bid-rigging), reported the press-centre of FAS Russia.

The FAS Commission analysed the outcome of bidding for 47 lots of No.081010/001550/45 open auction for purchasing medicines, organised by the Ministry of Health Care and Social Development on 18th November 2008. FAS established that “PTOTEK” TsV” CJSC, “ROSTA” CJSC, and “R-PHARM” CJSC concluded and pursued an agreement that resulted in maintaining prices for the following auction lots: Nos. 23, 24, 25, 36, 41, 42, 43, 44, 45, and 46.

The auction was for supply medicines to treat patients with haemophilia, cystic fibrosis, pituitary dwarfism, Gaucher disease, myeloid leukemia, multiple sclerosis, as well as patients after transplantation of organs and (or) tissues. The medicines included: mycophenolic acid, interferon beta-1b lyophilizate, cyclosporine, fludarabine, and Glatiramer acetate.

“As a result of the anticompetitive agreement, the government contracts were concluded at the initial (maximum) price”, said the Head of FAS Cartel Department, Alexander Kinyov.

Investigating the case, The FAS Commission also established the fact of violating Part 1 Article 15 of the Federal Law “On Protection of Competition” by the Ministry of Health Care and Social Development. The Ministry provided information about the auction to an economic entity – a potential auction bidder at least a month before the official announcement and, accordingly, before providing equal access to such information for all economic entities.

Thus, the Ministry exercised actions towards other economic entities that could have resulted in preventing, restricting, eliminating competition. However, FAS terminated the proceedings based on Article 41.1 of the Federal Law “On Protection of Competition” (expiry of the period of limitation).