Navy Proved that it Did Not Violate Antimonopoly Law
OREANDA-NEWS. April 29, 2013. The Commission of the Federal Antimonopoly Service (FAS Russia) terminated the proceedings against the Ministry of Defence of the Russian Federation in the person of the Navy of the Russian Federation (the Navy) opened upon signs of competition-restricting actions (Part 1 Article 15 of the Federal Law “On Protection of Competition”) due to absence of the fact of violation.
The case was initiated upon FAS exposing the protocol of a joint meeting of the Navy with manufacturers. The protocol determined suppliers of some components required by “Zelenodolsk Plant Named after Gorky” OJSC to execute a government contract for constructing project deep-sea tug, 745 MB. In particular, “RNK” Ltd. was determined as the supplier of PGM-C-009 product, which could have prevented other economic entities from exercising such supplies.
Upon issuing the protocol, “Zelenodolsk Plant Named after Gorky” OJSC concluded a contract with “RNK” Ltd. for supplying PGM-C-009 and simultaneously terminated the contract with the product manufacturer – “PNPPK” OJSC.
In course of the case investigation it was established that the protocol did not restrict “Zelenodolsk Plant Named after Gorky” OJSC in choosing suppliers of components.
Under the state standards, the protocol constituted the grounds for the Navy making a decision to replace the equipment of a ship under construction. The Navy decision is mandatory for execution by “Zelenodolsk Plant Named after Gorky” OJSC; however, it does not have instructions to select particular suppliers.
In view of the above the Commission terminated the case.
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