Arkhangelsk Authorities Unlawfully Restricted Sales of Some Beverages
OREANDA-NEWS. September 03, 2012. The Federal Antimonopoly Service (FAS Russia) found that the law of the Arkhangelsk region, which prohibited from 1st July 2012 retail sale of alcoholic beverages with 0.5% до 9% of ethanol in the finished products, wine beverages with 1.5% - 9% of ethanol in the finished products, and beer-based beverages (beer beverages) in the Arkhangelsk region, breached the antimonopoly law, reported the press-centre of FAS Russia.
The case was imitated upon petitions from the National Association of Low-Alcohol Producers and Distributors, “EFES-Moscow” Brewery” CJSC and “Tornado” Ltd.
Investigating the case, FAS established that Arkhangelsk authorities had prohibited retail sales of some types of alcohol products that were allowed for circulation and met mandatory government standards and sanitary-and-epidemiological norms.
In breach of the Federal Law “On State Regulation of Production and Circulation of Ethanol, Alcohol and Alcohol-Containing Products…”, the law of the Arkhangelsk region prohibits retail sales of some types of alcohol products in the Arkhangelsk region. For instance, retail sale of beer beverages is prohibited in but sales of beer, wine and distilled spirits is permitted.
FAS Russia concluded that unreasonable prohibition of retail sales of some types of alcohol products allowed for sale had violated Part 1 Article 15 of the Federal Law “On Protection of Competition” and Sub-Clause “b” Clause 4 Article 15 of the Law on fundamental principles of government regulation of trading activities in the Russian Federation.
“We understand a concern of the authorities of the Arkhangelsk region with a well-known problem of excessive alcohol consumption. However, the problem of increasing bad drinking habits of the population cannot be resolved simply by removing certain types of alcohol products form retail, without undertaking comprehensive measures. Instead, it can easily change the established competitive environment and shift the consumption structure from law-alcohol beverages to distilled spirits”, pointed out the Head of FAS Department for Control over the Authorities, Vladimir Mishelovin.
Reference:
No.171-FZ Federal Law “On State Regulation of Production and Circulation of Ethanol, Alcohol and Alcohol-Containing Products and on Restricting Consumption (Drinking) of Alcohol Products” gives the authorities of the constituent territories of the Russian Federation the powers to establish additional restrictions of the timing, conditions and locations of retail sales of alcohol products, in particular, a full prohibition of retail sales of alcohol products.
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