OREANDA-NEWS. November 08, 2012. The Federal Antimonopoly Service (FAS Russia) terminated the proceedings regarding “Rosgosstrakh” Ltd. and “Techosmotr” CJSC upon signs of violating Part 4 Article 11 of the Federal Law “On Protection of Competition” since the fact of concluding competition-restricting agreement was not confirmed, reported the press-centre of FAS Russia.

The case was initiated upon complaints from legal persons to Buryatia, Irkutsk and Sakhalin Offices of FAS Russia that “Rosgosstrakh” Ltd. had concluded contracts for compulsory civil liability motor-vehicle insurance with physical persons who had had unduly registered warrants of fitness. Employees of “Rosgosstrakh” Ltd. filled in warrants of fitness without the car owners passing the technical inspection procedures; such warrants of fitness were not signed by technical experts. Actions of the employees of “Rosgosstrakh” Ltd. for “advance filling-in” the warrants of fitness were based on No.2-12kkh Contract between “Rosgosstrakh” Ltd. and “Tekhosmotr” CJSC of 20th December 2011 (further on referred to as the Contract) and Additional Agreements.

Simultaneously with registering such “advance filled-in” warrants of fitness, the company registered contracts for compulsory civil liability motor-vehicle insurance with clients.

In the opinion of the legal persons who complained to Offices of FAS, the Contract between “Rosgosstrakh” Ltd. and “Tekhosmotr” CJSC prevented entry of other economic entities to the market of compulsory civil liability motor-vehicle insurance and technical inspections.

Investigating the case, the FAS Commission studied the provisions of the Contract and the Additional Agreements. The subject matter of the Contract is the services rendered by “Rosgosstrakh” Ltd. to inform policy-holders that upon their desire they would be able to pass technical inspection at the inspection stations of “Tekhosmotr” CJSC, and the services for “advance filling-in” of warrants of fitness. The Contract does not contain Clauses about concluding contracts for compulsory civil liability motor-vehicle insurance on the basis of “filled-in in advance” warrants of fitness.

The Contract and the Additional Agreements do not contain provisions indicating arrangements between the parties for creating conditions to restrict competition or raise barriers preventing entry of other economic entities to the market of compulsory civil liability motor-vehicle insurance and technical inspection services. The Contract and the Additional Agreements also do not specify exclusivity of the arrangements.

Investigating the case, FAS established that “Rosgosstrakh” Ltd. had concluded similar contracts with other technical inspection, and “Tekhosmotr” CJSC had not received proposals from other insurance companies for concluding similar contracts. The FAS Commission did not reveal facts when “Rosgosstrakh” Ltd. and “Tekhosmotr” CJSC had refused to conclude similar contracts with other organizations and the facts when “Rosgosstrakh” Ltd. had refused to conclude contracts for compulsory civil liability motor-vehicle insurance with physical persons that had warrants of fitness issued by other operators.

The case file also does not contain documents confirming any oral anticompetitive arrangements between “Rosgosstrakh” Ltd. and “Tekhosmotr” CJSC.

As a result, the FAS Commission terminated the proceedings due to absence of violations of Part 4 Article 11 of the Federal Law “On Protection of Competition” in the actions of “Rosgosstrakh” Ltd. and “Tekhosmotr” CJSC.