Court Supports FAS on Case of Cartel on Market of Soft Cable Compounds
OREANDA-NEWS. March 13, 2014. The Federal Arbitration Court of the Moscow District upheld the judgment of Moscow Arbitration Court of 18th July 2013 and the ruling of the 9th Arbitration Appeal Court of 12th November 2013 and dismissed Cassation Appeals of “Sibur-Neftekhim” OJSC, “SIBUR Holding” OJSC, “Sibur” Ltd., “Sayankhimplast” OJSC, “Bashkiria Soda Company” OJSC and “Bekborn” Ltd.
FAS established that in 2004 “First Chemical Company” CJSC, “Bekborn” Ltd., “Caustic” CJSC (Sterlitamak), “Vladimir Chemical Works” OJSC, “Plastcab” OJSC, “Sayankhimplast” OJSC and “Sibur” CJSC concluded an agreement on the wholesale market of soft cable compounds that resulted in fixing prices, dividing the market according to volume of sales and groups of buyers. At the time of concluding the agreement, it contradicted the Law “On Competition and Restricting Monopolistic Activities on the Markets”.
On 8th December 2011, FAS Commission terminated the case due to expiry of the period of limitation of the violation of the antimonopoly law and forwarded the case materials to the Ministry of Interior of the Russian Federation to initiate a criminal case.
FAS thinks that the actions exercised by the economic entities have elements of a crime under Part 3 Article 178 of the Criminal Code of the Russian Federation. The period of limitation for criminal persecution for such category of violations has not expired.
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