Court Pronounced Legitimacy of FAS Decision on MOGRAK Ltd
OREANDA-NEWS. December 09, 2011. Belgorod Regional Arbitration Court pronounced legitimacy and reasonableness of the decision and determination of the Office of the Federal Antimonopoly Service in the Belgorod region (Belgorod OFAS Russia) regarding “MOGRAK” Ltd., reported the press-centre of FAS Russia.
Earlier Belgorod OFAS Russia found that “MOGRAK” Ltd., “OVERO” Ltd., “Peski” Ltd., “Valentina” Ltd., as well as two individual entrepreneurs violated Part 1 Article 11 of the Federal Law “On Protection of Competition”.
“MOGRAK” Ltd. concluded agreements with economic entities for supplying juices and refreshment drinks for retail sales. “OVERO” Ltd., “Peski” Ltd., “Valentina” Ltd., and individual entrepreneurs committed themselves in writing to provide “MOGRAK” Ltd. all necessary information about product sales. According to the agreements, “to avoid damping” the buyer was obligated to observe the recommended prices for the seller’s products.
“MOGRAK” Ltd. filed a lawsuit challenging the decision and determination of the antimonopoly body.
However, Belgorod Regional Arbitration Court pronounced legitimacy of the conclusions of Belgorod OFAS Russia.
“Anticompetitive written agreements between economic entities aimed at fixing and maintaining prices – is a classic example of an antimonopoly violation. это The specifics of this case was that the above agreements could have directly affected increasing prices for beverages and juices when sold directly to consumers – the general public”, said the Head of Belgorod OFAS Russia, Sergey Petrov.
Reference:
Part 1 Article 11 of the Federal Law “On Protection of Competition” prohibits agreements between economic entities or concerted actions of economic entities on the market if such agreements or concerted actions lead or can lead to fixing or maintaining prices (tariffs), discounts, mark-ups, surcharges.
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