OREANDA-NEWS.  June 10, 2014.The Federal Antimonopoly Service (FAS Russia) terminated investigating a case against “Mercedes-Benz RUS” CJSC and its dealers due to eliminating all signs of violation. Earlier the company concluded agreements with its dealers that could restrict competition (Article 11 of the Federal Law “On Protection of Competition”).

FAS established that “Mercedes-Benz RUS” CJSC concluded agreements with dealers that restricted dealers’ independence to sell cars and spare parts to them, as well as participation in the tenders for supplying them to different categories of customers, including: government institutions (G1); companies fully or partially owned by the State (G2); government employees purchasing cars for personal needs (G3).

The agreements between “Mercedes-Benz RUS” CJSC and its dealers had all signs of violating the antimonopoly law and could restrict competition on the markets of “Mercedes-Benz” cars and spare parts to them.

On 22nd May 2014, however, the company issued an order introducing changes to the sales policy with regard to G-customers expanding dealers’ independence to sell goods to the companies owned by the state and government employees purchasing cars for personal needs. Additional explanations were given on possibilities of official dealers to install spare parts that are not original “Mercedes-Benz” spare parts upon consumer requests.

Thus, “Mercedes-Benz RUS” CJSC removed the competition-restricting provisions from all dealer agreements concluded in the Russian Federation.

In the course of the investigation, the company also submitted evidence to FAS on the absence of the facts of any adverse consequences for the market in general as well as for certain market players.

The company also joined the Code of Conduct for car manufacturers, coordinated by the European Business Association and FAS Russia and encouraging further development of positive business practices on the market of vehicles of different classes in the Russian Federation.

Taking into consideration all circumstances, the FAS Commission terminated the proceedings.