Cassation Court Supported FAS Decision on METRO Cash & Carry
OREANDA-NEWS. September 30, 2013. The Federal Arbitration Court of the Moscow District supported the position of the Federal Antimonopoly Service (FAS Russia) on imposing administrative sanctions upon “METRO Cash & Carry” Ltd. for failure to provide information requested in the course of an on-site inspection.
“METRO Cash & Carry” Ltd. already approached Moscow Arbitration Court challenging the grounds for the inspection carried out by the antimonopoly body, but the Court dismissed the claim.
FAS carried out the inspection following an order given by the Government of the Russian Federation at a meeting of the Working Group for coordinating efforts on enforcement the Federal Law “On the Fundamental Principles of State Regulation of Trading Activities in the Russian Federation”. The antimonopoly body had to verify compliance with the antimonopoly law in the field of trading.
“METRO Cash & Carry” Ltd. refused to provide information requested by FAS in the course of the on-site inspection so the inspection was declared void.
On 12th November 2012, FAS issued a determination that “METRO Cash & Carry” Ltd. committed an administrative violation. The company must pay a 300,000 RUB fine.
Reference:
Under Part 5 Article 19.8 of the Code on Administrative Violations, failure or late submission of data (information) specified by the antimonopoly law to the federal executive bodies, its regional offices, including failure to provide data (information) upon a request of the above bodies, … as well as providing knowingly incorrect data shall be punished by a fine.
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