OREANDA-NEWS. November 19, 2013. The Presidium of the Supreme Arbitration Court of the Russian Federation reversed judicial acts of lower Courts in the part of invalidating the decisions and determinations of the Federal Antimonopoly Service (FAS Russia) that the Association of the Operators of the Alcohol Market of the Orenburg region (the Association) had violated the antimonopoly law.

The Antimonopoly Service initiated a case against operators of the alcohol market upon petitions of “Ring+” Ltd. and “Master Win” Ltd. The petitioners stated that the Association had been formed and operated in the Orenburg region, and its participants had reached agreements and made a decision to develop and pursue a common pricing policy.

The FAS Commission established that the Association of the Operators of the Alcohol Market of the Orenburg region had been involved in unlawful coordination of economic activities of market participants, which resulted in:

1) Fixing and maintaining prices

2) Dividing the market under the geographical principle, the selection of goods and sellers’ categories

3) Refusing to conclude contracts with particular sellers or buyers without any economic or technological justification

4) Imposing disadvantageous contract conditions upon a counteragent to the conditions irrelevant to the contract subject

5) Economically, technologically or otherwise unjustified fixing different prices for the same goods

6) Preventing entry of other economic entities to the market

7) Fixing conditions for membership (participation) in professional and other associations.

The Association was issued a determination to stop violating the antimonopoly law.

The Association disagreed with FAS decision and determination and filed a lawsuit. The claim concerned not only the FAS decision and determination but also the order to initiate an antimonopoly case and a definition issued by the Office of the Federal Antimonopoly Service in the Orenburg region (Orenburg OFAS Russia) on a case, which ultimately was combined with the case initiated by FAS.

The Presidium of the Supreme Arbitration Court of the Russian Federation reversed the judicial acts on the case in the part of allowing the claim of the Association of the Operators of the Alcohol Market of the Orenburg region to invalidate FAS decision and determination on the violation of the antimonopoly law. In this part, the case is forwarded for reconsideration to Orenburg Regional Arbitration Court. The Courts terminated the proceedings in the part of the claim of the Association against Orenburg OFAS Russia.