Novosibirsk OFAS: Novosibirsk Realtor Association Violated Law
OREANDA-NEWS. April 03, 2012. The Office of the Federal Antimonopoly Service in the Novosibirsk Region (Novosibirsk OFAS Russia) found that Novosibirsk Realtor Association violated Part 5 Article 11 of the Federal Law “On Protection of Competition” by coordinating economic activities of real estate agencies, members of the Association, that resulted in fixing prices, as well as 13 real estate agencies violated the antimonopoly law by concluding an anticompetitive agreement (Clause 1 Part 1 and Part 4 Article 11 of the Federal Law “On Protection of Competition”), reported the press-centre of FAS Russia.
The Commission of Novosibirsk OFAS Russia established that in December 2011 the Board of Novosibirsk Realtor Association approved a Cooperation Agreement with real estate agencies, which recommends quoting the same prices for realtor services and the minimum size of agency’s commission at the initial contact with clients. In particular, the Agreement specifies that the size of agency’s commission should be specified at the initial contact with the client (a telephone conversation, negotiations).
In their turn, members of Novosibirsk Realtor Association concluded a multilateral Agreement on Cooperation. Under the Agreement, it is recommended to quote a particular size of the agency’s commission at the initial contact with the client. The parties to the Agreement also undertake obligations not to advertize the costs of realtor services, the size of discounts, as well as prize draws, lotteries and gifts.
“The antimonopoly law prohibits non-commercial organizations to coordinate activities of economic entities, if such coordination results in price fixing. The law on protection of competition specifies administrative liability for such violations in the form of fines. OFAS will also initiate an administrative case against real estate agencies. The Agreement concluded between them can result in restricting opportunities of real estate agencies to compete on the basis of the costs of services, because information about the costs of realtor services specified in advertisements is one the methods to attract clients. A client selects a real estate agency, in particular, on the basis of the agency commission”, commented the Head of Novosibirsk OFAS Russia, Alexander Yelchaninov.
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