Court: Kursk OFAS Lawfully Prohibited Large Transaction
OREANDA-NEWS. December 14, 2011. The Federal Arbitration Court of the Central District pronounced legitimacy of a decision of the Office of the Federal Antimonopoly Service in the Kursk region (Kursk OFAS Russia) that was issued upon considering a petition of “Russky Dom” CJSC about acquiring 59% voting shares of “Kurskkhleb” OJSC, reported the press-centre of FAS Russia.
In 2010, Kursk OFAS Russia received a petition of “Russky Dom” CJSC on acquiring the majority interest of “Kurskkhleb” OJSC.
Having investigating the petition, the antimonopoly body discovered that “Russky Dom” CJSC would obtain direct control over “Kurskkhleb” OJSC – a monopolist on the market of bread and bakery products in the Kursk region, that can unilaterally affect pricing and general conditions of market performance.
Kursk OFAS Russia rejected the petition of “Russky Dom” CJSC about acquiring voting shares of “Kurskkhleb” OJSC.
“Russky Dom” CJSC disagreed with the decision of the antimonopoly body and filed a lawsuit. However, the Courts of three Instances concluded that Kursk OFAS Russia had the right position.
“The petitioned transactions could have restricted competition on the market of bread and bakery products. Kursk OFAS Russia continuously monitors and exercises antimonopoly control over the socially important bread market. The efforts of the antimonopoly body are aimed not only at suppressing already committed violations, but at preventing conditions for restricting competition and monopolistic activities”, commented the Head of Kursk OFAS Russia, Yuri Komov.
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