Cassation Court Confirms Legitimacy of Fining Rosta
OREANDA-NEWS. July 04, 2014. The Federal Arbitration Court of the Moscow District dismissed a cassation appeal of “Rosta” CJSC to abolish a determination of the Federal Antimonopoly Service (FAS Russia) that had held the company administratively liable and imposed a fine exceeding 201 million RUB.
Earlier FAS found that “Rosta” CJSC violated Clause 2 3 Part 1 Article 11 of the Federal Law “On Protection of Competition” by participating in a bid-rigging cartel at a tender for procurement of “Pulmozim” drug for the needs of the Ministry of the Russian Federation for Health Care and Social Development. The company disagreed with the decision of the antimonopoly authority and attempted challenging it at Court. After Courts of all Instances dismissed the claim, “Rosta” CJSC separately challenged the determination of the antimonopoly authority on the administrative violation. Thus, the Federal Arbitration Court of the Moscow District drew a line in this case.
“The fine was calculated factoring in the initial maximum price of the contract played up between the cartel participants. It will serve as an adequate compensation of the losses to the state budget incurred as a result of their unlawful actions”, emphasized the Head of FAS Anti-Cartel Department, Andrey Tenishev.
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