Appeal Court Took Side of FAS in Dispute with METRO Cash & Carry
OREANDA-NEWS. July 24, 2013. The 9th Arbitration Appeal Court upheld the judgment of Moscow Arbitration Court to dismiss the claim of “METRO Cash & Carry” Ltd. to challenge a determination of the FAS Russia.
“METRO Cash & Carry” Ltd. challenged the grounds for an inspections organized by the antimonopoly body. The inspection took place upon instructions from the Government of the Russian Federation issued under the framework of the Working Group for coordinating efforts towards enforcement of the Federal Law “On the Fundamental Principles of State Regulation of Trading Activities in the Russian Federation”. The Head of FAS Igor Artemiev was instructed to verify compliance with the antimonopoly law in trading activities.
“METRO Cash & Carry” Ltd. refused to provide information requested by FAS as part of the on-site inspection. Thus, FAS had to pronounce the inspection frustrated.
Under Part 5 Article 19.8 of the Code on Administrative Violations, failure or untimely submission of the statutory information to the federal antimonopoly body is punishable by a fine.
The Court found that “METRO Cash & Carry” Ltd. committed an administrative violation and fined the company 300,000 Rubles.
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