OREANDA-NEWS.  April 26, 2013. The 9th Arbitration Appeal Court confirmed legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) on the antimonopoly case against the Social Security Fund of the Russian Federation and the Orenburg Regional Branch of the Social Security Fund of the Russian Federation (in breach of Clause 5 Part 1 Article 15 of the Federal Law “On Protection of Competition”).

The violators restricted the buyers in selecting economic entities that supply such goods; the Brach referred Ms. Petrova to “Orenburg Prosthetic Orthopedic Enterprise” of the Ministry of Health Care and Social Development to obtain “КR0-В Corset Verticalizer” and refused to compensate the costs for a “Х-TEND Stabilizing Device (Verticalizer) for disabled children and children with musculoskeletal impairment and accessories” made by Fumagalli S.r.l. (Italy), which was independently bought by Ms. Petrova. Thus, it violated competition among economic entities operating on the market of medical products – technical rehabilitation means.

Believing that FAS decision was unlawful and unreasonable, Orenburg Regional Branch of the Fund filed a lawsuit to Moscow Arbitration Court, which allowed the claim.

FAS disagreed with the Court judgment and lodged an appeal to the 9th Arbitration Appeal Court.

Having investigated the case circumstances, the 9th Arbitration Appeal Court reversed the judgment of the Court of First Instance, and dismissed the claim of the Orenburg Regional Branch of the Social Security Fund.