OREANDA-NEWS. August 19, 2014. An Arbitration Court confirmed legitimacy of the determination issued by the Office of the Federal Antimonopoly Service in the Amur Region (Amur OFAS Russia) that “Rosgosstrakh” Ltd. must transfer unlawfully gained income - over 37 million RUB - to the federal budget.

Amur OFAS Russia found that “Rosgosstrakh” Ltd., in the person of its branch in the Amur region – violated the Federal Law “On Protection of Competition”. The company used to enter into mandatory civil liability insurance agreements (OSAGO) without filing a test card, which constituted unfair competition.

As a result, Amur OFAS Russia issued a determination to “Rosgosstrakh” Ltd. to eliminate the violation and transfer the unlawfully obtained income to the budget. Amur OFAS Russia spelt out the procedures for executing the determination under the current law in the definition on the case.

The insurer decided not to execute the determination and challenged it. In the company’s opinion, Amur OFAS Russia issued a determination without fully studying the case circumstances, and the size of the unlawful income was not corroborated by relevant materials. “Rosgosstrakh” Ltd. also believed that the determination could not be executed because it did not reflect specifics of concluding OSAGO agreements when it is not necessary to submit a test card to the insurance company.

Amur Regional Arbitration Court, however, dismissed the claim of “Rosgosstrakh” Ltd. and supported the position of the antimonopoly body.