Court Supports FAS on Case of Cargill
OREANDA-NEWS. February 14, 2014. The 9th Arbitration Appeal Court confirmed legitimacy of the decision of the Federal Antimonopoly Service (FAS Russia) that “Cargill A.O.” CJSC and “Cargill” Ltd. did not abuse market dominance on the market of glucose syrup.
In December 2012, FAS received a petition from “Amilko” Ltd. that “Cargill A.O.” CJSC and “Cargill” Ltd., included in the “Cargill” Group, abused market dominance on the market of glucose syrup.
Having analyzed the case materials, FAS concluded that actions of “Cargill A.O.” CJSC and “Cargill” Ltd. did not violated the Federal Law “On Protection of Competition” in the part of fixing monopolistically high prices for glucose syrup, imposing disadvantageous counteract conditions upon a counteragent and fixing different prices for the same goods without any economic or technological justification (Part 1 Article 10 of No.135-FZ Federal Law “On Protection of Competition”).
“The conduct of “Cargill” on the market of glucose syrup complied with the antimonopoly law”, summed up the Head of FAS Department for Control over Chemical Industry and Agro-Industrial Complex, Anna Mirochinenko.
“Amilko” Ltd., however, disagreed with the decision of the Federal Antimonopoly Service and filed a lawsuit. The Courts of two instances dismissed the claim and confirmed legitimacy of the decision issued by FAS.
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