OREANDA-NEWS. September 25, 2013. The Federal Arbitration Court of the Moscow District dismissed a claim of Arkhangelsk regional legislature to invalidate a decision of the Federal Antimonopoly Service (FAS Russia) that prohibiting retail sale of certain types of alcohol products in the Arkhangelsk region had been inadmissible.

On 20th August 2012, FAS found that a law of the Arkhangelsk region contradicted the antimonopoly law. A regional law prohibited retail sale of alcohol beverages with the content of ethanol at 0.5% - 9% of finished products, wine beverages with the ethanol content at 1,5% - 9% of finished products, and beer-based beverages (beer drinks) in the Arkhangelsk region from 1st July 2012.

Having investigated the case, the Antimonopoly Service established that the regional law prohibited retail sale of some types of alcohol products, circulation of which was authorized and which met mandatory government requirements and sanitary-and-epidemiological standards. For instance, retail sale of beer drinks in the Arkhangelsk region was prohibited but beer, wine and distilled spirits could be sold.

FAS concluded that unreasonable prohibition of retail sale of certain types of alcohol products permitted for sale contradicted Part 1 Article 15 of the Federal Law “On Protection of Competition” and Clause 4 Article 15 of the Law “On the Fundamental Principles of State Regulation of Trading Activity in the Russian Federation”.

Earlier, legitimacy and reasonableness of the FAS decision were recognized by Moscow Arbitration Court and the 9th Arbitration Appeal Court.