OREANDA-NEWS. December 16, 2013. The Supreme Arbitration Court of the Russian Federation agreed with the arguments of the Federal Antimonopoly Service (FAS Russia) and did not forward the case to the Presidium upon a claim of “Rosta” CJSC for supervisory review of a determination of the Federal Arbitration Court of the Moscow District.

On 25th May 2012, FAS found that “Rosta” CJSC and “Pharmstandard” OJSC violated Clause 2 Part 1 Article 11 of the Federal Law “On Protection of Competition”: bid-rigging an auction for purchasing medicines.

In the course of the investigation FAS established that “Rosta” CJSC and “Pharmstandard” OJSC concluded and implemented an agreement that resulted in maintaining prices at an open auction for supplying medicines for the state needs. The issue is “Pulmozim” medicine used to treat patients with some chronic pulmonary diseases (bronchiectatic disease, chronic obstructive pulmonary disease, pulmonary birth deformity in children, chronic pneumonias, immunity deficiency with pulmonary involvement, etc.) The initial auction lots prices was over 670 million RUB.

FAS fined “Rosta” CJSC and “Pharmstandard” OJSC over 400 million RUB.

On 9th December 2013, Moscow Arbitration Court pronounced legitimacy of holding “Rosta” CJSC administratively liable and imposing 201 million RUB fine upon the company.

“Thus, the Supreme Arbitration Court drew a line under a bid-rigging case for purchasing medicines for the needs of the Ministry of Health Care and Social Development, in which the largest Russian pharmaceutical distributors were involved”, said the Head of FAS Anti-Cartel Department, Andrey Tenischev.