OREANDA-NEWS. April 09, 2014. The Federal Arbitration Appeal Court of the Moscow District pronounced legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) against “METRO Cash& Carry” Ltd.

The Antimonopoly Service also found actions of “METRO Cash& Carry” Ltd. unlawful. The company created discriminatory conditions for 65 suppliers of fish and fish products by fixing prices of a fee-based service contract in percentage of the total price of the goods supplied under the supply contract, and charged different payments for the same volume of services in comparison with other suppliers of fish and fish products. It constitutes a violation Clause 1 Part 1 Article 13 of the Federal Law “On the Fundamental Principles of State Regulation of Trading Activities in the Russian Federation”.

FAS issued a determination to “METRO Cash& Carry” Ltd. to eliminate violation of the antimonopoly law.

The company disagreed with the decision and determination of the antimonopoly authority and filed a lawsuit. The Court of First Instance allowed the claim; however, the Appeal Court supported FAS position on legitimacy of its decision and determination.

On 3rd April 2014, the Cassation Court confirmed legitimacy of the conclusions made by the Antimonopoly Service.

At the same time, the Federal Arbitration Appeal Court of the Moscow District reversed the ruling of the 9th Arbitration Appeal Court on legitimacy of the fines (126 million RUB), and forwarded for reconsideration to the lower Court.

“We are satisfied with the Court ruling and we consider it very important for the future enforcement practice and significant for the market. We intend to consistently undertake actions, aimed at transparent relations between trading networks and suppliers of food products in marketing services. Our objective is to make sure that such relations would be based only on a bona fide and mutually beneficial basis”, commented Deputy Head of FAS Department for Control over Social Sphere and Trade, Ekaterina Uryukina.