OREANDA-NEWS. July 09, 2014. The Federal Antimonopoly Service held “Baxter” CJSC liable.

FAS imposed the administrative fine (9.23 million RUB) for the refusal to conclude a contract with “Medical Service Company” Ltd. for supplying a unique drug – “Extranil” for treating renal deficiency through peritoneal dialysis.

Earlier FAS warned “Baxter” CJSC to eliminate elements of violating the antimonopoly law. Due to failure to execute the warning, FAS opened and investigated a case against “Baxter” CJSC for violating Clause 5 Part 1 Article 10 of the Federal Law “On Protection of Competition”.

The FAS Commission established that the procedures used by “Baxter” CJSC to select counteragents do not have clear criteria for choosing counteragents, the deadlines and decision-making procedures, as a result of which FAS found that the refusal of “Baxter” CJSC to conclude a contract with “Medical Service Company” Ltd. for supplying “Extranil” was economically and technologically unjustified.

“The institution of warning was introduced to the antimonopoly law to prevent the most typical abuses by economic entities of their dominant position on the market, such as imposing disadvantageous contract conditions and unjustified refusal to conclude the contract. Issuing warnings, FAS allows the dominant companies to voluntary correct their conduct on the market and avoid possible liability. “Baxter” CJSC did not listen to FAS warning and undertook actions that violated the law. Now, part from the obligation to conclude a contract with the counteragent, “Baxter” CJSC is held administratively liable and will have to pay a considerable fine”, pointed out the Head of FAS Department for Control over Social Sphere and Trade, Timophei Nizhegorodtsev.