Court: AvtoVAZ Shall Remain in Register of Dominant Entities
OREANDA-NEWS. September 05, 2013. Moscow Arbitration Court dismissed the claim of “AvtoVAZ” OJSC to invalidate the Order of the Federal Antimonopoly Service (FAS Russia) to include the company in the Register of economic entities with over 35 % market share (the Register).
On 11th February 2013, FAS included “AvtoVAZ” OJSC in the Register establishing the company’s share on the market of “economy class cars”.
“AvtoVAZ” OJSC was first included in the Register in 1996. Then the company asked FAS to reconsider its market share and exclude “AvtoVAZ” from the Register. The Antimonopoly Service analyzed the market and more precisely determined the product boundaries of the market where the company controled over 35%. “AvtoVAZ” OJSC remained in the Register under the segment of economy class cars, where the company maintained a 47% share.
In accordance with the antimonopoly law, companies included in the Register are subject to several restrictions. In particular, such companies can complete mergers and acquisitions and acquire stock, shares, other property of other commercial organizations only upon a pre-transaction approval by the Antimonopoly Service.
The company disagreed with the Order issued by the Antimonopoly Service and filed a lawsuit. Arbitration Court pronounced legitimacy of FAS actions and dismissed the claim of “AvtoVAZ” OJSC.
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