OREANDA-NEWS. The 9th Arbitration Appeal Court confirmed validity of three determinations issued by the Office of the Federal Antimonopoly Service (OFAS Russia) in the Autonomous District (Okrug) - Yugra on brining administrative action against the Shareholding Commercial Savings Bank of the Russian Federation and imposing a 200 000 Rubles fine for failure to notify about concerted practices (agreements), reported the press-centre of FAS Russia.


Earlier the Khanty-Mansiisky OFAS Russia found that № 5940 Surgut branch of the West Siberian [Zapadno-Sibirsky] bank of the Savings Bank of Russia breached Part 9 Article 35 35 of the Federal Law "On Competition Protection". № 5940 Surgut branch of the West Siberian [Zapadno-Sibirsky] bank of the Savings Bank of Russia breached the law by failing to notify the FAS Office within 15 day upon signing the contracts with auto dealers on crediting customers - physical persons. The Khanty-Mansiisk OFAS Russia requested all branches of the Savings Bank of Russia to present information on any forms of agreements between the branch and executive bodies, local self-government bodies or other organizations.


№ 5940 Surgut branch of the West Siberian bank of the Savings Bank of Russia sent a letter to the antimonopoly office enclosing relevant documentation. Having analyzed the received information, the Office found that the bank branch had entered into agreements with commercial organizations but did not notify the antimonopoly office about four of those agreements. The Experts of the antimonopoly office revealed that the agreements in question did not constitute common practice in business activity and, therefore, were not covered by the exception clause (Clause 3 Part 9 Article 35 of the Federal Law "On Competition Protection"). Therefore, FAS Office found that the Savings Bank of Russia in the person of the № 5940 Surgut branch of the West Siberian bank violated the antimonopoly legislation.


Under Part 1 Article 19.8 of the Code of Administrative Violations of the Russian Federation, the Khanty-Mansiisk Office of FAS Russia imposed administrative penalties (fine) on the Savings Bank of Russia for breaching the legislation. The Savings Bank of Russia appealed against the determinations of the antimonopoly office to the Arbitration Court of the Khanty-Mansiisky Autonomous District; and, according to the seat of jurisdiction, the cases were transferred to the Moscow Arbitration Court. In March 2007, the Moscow Arbitration Court dismissed the appeal of the Savings Bank of Russia and recognized validity of the determination issued by the Khanty-Mansiisk Office of FAS Russia on imposing administrative penalties on the Savings Bank of Russia; while on 2nd May 2007, the 9th Arbitration Appeal Court in Moscow sustained the judgment of the court of first instance on one of determinations.


On 7th May 2007, the 9th Arbitration Appeal Court dismissed two appeals of the Savings Bank of Russia and sustained the judgment of the court of first instance. On 10th May 2007, the 9th Arbitration Appeal Court confirmed validity of another determinations issued by the Khanty-Mansiisk Office of FAS Russia regarding the Savings Bank of Russia. Therefore, the Court found that all four determinations issued by the Khanty-Mansiisk Office of FAS Russia regarding the Savings Bank of Russia are legal and justified.