FAS Exposed Cartel of Suppliers of Rehabilitation Means for Disabled
OREANDA-NEWS. October 07, 2013. The Federal Antimonopoly Service (FAS Russia) found that “Regional Centre of Rehabilitation Means” Ltd., “Medexpress” Ltd (previously – “DYUNA” Ltd.), “Aprel” Ltd., “Predgorie Kavkaza” Trading House” Ltd., “Region Logistic” Ltd., “Bashkiria Centre of Rehabilitation Means” Ltd., and an individual entrepreneur Ulanovskaya violated Clause 2 Part 1 Article 11 of the Federal Law “On Protection of Competition” by concluding and taking part in an anticompetitive agreement (cartel), aimed at maintaining prices throughout auctions.
The FAS Commission found that cartel members took part in the auctions to make sure that “Regional Centre of Rehabilitation Means” Ltd. becomes the winner with minimum reduction of the original prices of the government contract.
According to FAS information, the agreement was implemented at least in the course of five open electronic auctions for supplying technical means of rehabilitation to the disabled in the Krasnodar and Perm regions.
Participants of the agreement pursued a conduct at the auctions as a result of which bona fide bidders were artificially cut off from taking part in auctions, competition was restricted and the state was unable to save budgetary funds as expected.
“Social obligations are the priority of the government policy. The funds saved in public procurement enable the state to exercise socially important functions. Companies that violated the law will be punished by heavy administrative fines. Officers of the Main Directorate for Economic Security and Anti-Corruption Enforcement, of the Ministry of Interior, and FAS carried out joint measures to expose cartels and preserve evidence. The materials of the antimonopoly case will be forwarded to the Ministry of Interior to initiate a criminal case upon signs of a crime specified in Article 178 of the Criminal Code of the Russian Federation”, pointed out the Head of FAS Anti-Cartel Department Andrey Tenischev.
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On 6 April 2012, the FAS Commission made a similar decision that an individual entrepreneur Eske and a group of persons comprising “Sirius” Ltd. and “Blits” Ltd. violated Clause 2 Part 1 Article 11 of the Federal Law “On Protection of Competition”. The Courts of three instances supported the FAS decision. Based on FAS materials, in 2013 the Ministry of Interior initiated a criminal case against the cartel participants.
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