Court Supported FAS on Cartel in Market of Soft Cable Compounds
OREANDA-NEWS. November 18, 2013. The 9th Arbitration Appeal Court upheld the judgment of Moscow Arbitration Court and dismissed the appeals of “Bashkiria Soda Company” OJSC, “Sayankhimplast” OJSC, “Sibut-Neftekhim” OJSC, “Bekborn” Ltd., “SIBUR-Holding” OJSC, “Sibur” Ltd. and “Plastcab” OJSC.
Earlier FAS revealed that in 2004 “First Chemical Company” CJSC, “Bekborn” Ltd., “Caustic” CJSC (Sterlitamak), “Vladimir Chemical Plant” OJSC, “Plastcab” OJSC, “Sayankhimplast” OJSC, and “AK Sibut” CJSC concluded an agreement on the market of wholesale supplies of sift cable compounds, which resulted in fixing prices, dividing the market according to the volume of sale and buyers categories. At the time of concluding the agreement, it was contrary to the Law “On Competition and Restricting Monopolistic Activities on the Goods Markets”.
In 8th December 2011, the FAS Commission made a decision to terminate the investigation due to expiry of the period of limitation of the antimonopoly violation and to forward the materials to the Ministry of Interior to initiate a criminal case.
“FAS believes that actions of economic entities have signs of a crime under Part 3 Article 178 of the Criminal Code of the Russian Federation”, stated the Head of FAS Anti-Cartel Department, Andrey Tenischev. “The period of limitation for holding criminally liable for committing a violation of this category has not expired.”
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