Court Confirms Legitimacy of FAS Decision on AUCHAN
OREANDA-NEWS. November 13, 2014. The 9th Arbitration Appeal Court confirmed legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) regarding “AUCHAN” Ltd.
In 2013, the Antimonopoly Service found that “AUCHAN” Ltd. violated the Law “On Trading” by creating discriminatory conditions for suppliers of milk and dairy products (Clause 1 Part 1 Article 13 of the Federal Law “On the Fundamental Principles of State Regulation in the Russian Federation”).
The FAS Commission established that “AUCHAN” Ltd. forced suppliers of milk and dairy products to pay different fees for the same volume of services on promoting and increasing sales of their goods (advertising the goods by demonstrating samples in the “AUCHAN” stores).
The Antimonopoly Service issued a determination to the company to eliminate violations of the antimonopoly law. Based on this decision, FAS opened administrative proceedings against “AUCHAN” Ltd.
The company disagreed with the decision and determination of the Antimonopoly Service and filed a lawsuit. The Appeal Court, however, dismissed the claim recognizing legitimacy of the judgment passed by Court of First Instance.
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