Rostov OFAS: Concerted Actions of 14 Companies Are Proved at Courts
OREANDA-NEWS. March 28, 2012. The Federal Arbitration Court of the North Caucasus District confirmed concerted actions of 14 construction companies in course of an auction, reported the press-centre of FAS Russia.
Earlier the Office of the Federal Antimonopoly Service in the Rostov Region (Rostov OFAS Russia) found that these companies violated Clause 2 Part 1 Article 11 of the Federal Law “On Protection of Competition” (prohibiting concerted actions that results in maintaining prices in course of bidding).
Taking part in an open auction for construction works (repair of school roof in Tsimlyansky District), “Tekhnostroi” GK” Ltd., “Region” CJSC, “Alpha List” Ltd., “Voddomstroi” Construction Company” Ltd., “Krovlya Service” Ltd., “Bristol” Ltd., “Labrador” Construction Company” Ltd., “Evrostroi” Ltd., “PSM” Ltd., “Evrostandard” Ltd., “Stroitekhno” Ltd., “SMU-52” Ltd. and “RosInter” Ltd. did not file price bids. The only participants that filed a price bid – “Evrostroi” Construction Company” Ltd. – reduced the price only by one step. As a result of the refusals of the companies to take part in the bidding, only 0.5% of the contract price of nearly 3.5 million Rubles was saved (17,500 Rubles).
The Court found that refusals of the participants to file price bids in course of the auction, in spite of filing the bids for taking part in the auction and being present at the auction, constitute concerted actions aimed at maintaining the maximum contract price.
“The case materials submitted to the Courts of three instances by Rostov OFAS Russia fully substantiated the fact of concerted actions between construction companies. On 21 and 22 March 2012 all violators will be held administratively liable under Article 14.32 of the Code on Administrative Violations”, commented the Head of Rostov OFAS Russia, Vadim Korneev.
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