OREANDA-NEWS. July 17, 2009. The Federal Antimonopoly Service (FAS Russia) heard the case against "MAKS-M" CJSC for the elements of violating Part 3 Article 11 of the Federal Law "On Protection of Competition", reported the press-centre of FAS Russia.

The case was initiated upon materials received form the Tomsk OFAS Russia.

Investigating the case, FAS Russia established that in October 2008 "MAKS-M" CJSC sent letters to 283 medical and preventive treatment facilities (LPU) insisting that they should open accounts for transferring funds under the mandatory health insurance (OMS) in the Savings Bank of Russia or one of the following credit organisations: Bank VTB (OJSC), Bank VTB 24 (CJSC), "Rosselkhozbank" OJSC and "Gazprombank" OJSC.

Some letters indicated that further financing of medical and preventive treatment facilities would only be possible if the accounts for transferring the OMS funds were opened in the banks that in the period of economic crisis were receiving financial aid from the state; and recommended to open accounts in the Savings Bank of Russia.

Already in November 2008, upon receiving letters from "MAKS-M" CJSC, 33 medical and preventive treatment facilities moved their accounts to the banks listed by "MAKS-M" CJSC.

As explained by "MAKS-M" CJSC, the company based its actions on the Federal Law "On Additional Measures for Supporting the Financial System of the Russian Federation", which lists the largest credit organisations receiving financial aid from the state.

The FAS Russia's Commission, investigating the case, disagreed with the arguments put forward by the medical insurance company, because the Law contained no provisions instructing legal entities to carry out settlements using accounts opened only in the banks named in the Law. Also the list of credit organisations recommended by "MAKS-M" CJSC was different from the list of credit organisations specified in the Law.

The FAS Russia's Commission especially noted that if the state did not provide financial aid to a credit organisation, it did not indicate its instability and insolvency.

Having investigated the actions of "MAKS-M" CJSC on sending letters to 283 medical and preventive treatment facilities with recommendations to open accounts in a limited number of banks, the Antimonopoly Service classified actions undertaken by "MAKS-M" CJSC as competition-restricting coordination of economic activities of medical and preventive treatment facilities.

If medical and preventive treatment facilities used accounts for operations under the mandatory medical insurance precisely in the banks named in the letters from "MAKS-M" CJSC, it meant that the market of banking services, related to opening and managing accounts of legal entities, was divided for medical and preventive treatment facilities into two groups according to seller categories:

1) Banks that received financial aid from the state and where medical and preventive treatment facilities should open accounts;

2) Other banks that did not receive financial aid from the state and where medical and preventive treatment facilities should not open accounts.

It was possible that without any economic or technological justification medical and preventive treatment facilities refused to conclude bank account agrements with the banks that were financially stable but were not included in the list of the banks recommended by "MAKS-M" CJSC.

Having investigated the case, FAS Russia concluded that coordination of economic activities of medical and preventive treatment facilities by "MAKS-M" CJSC could resulted in division of the market of banking services, related to opening and managing accounts of legal persons, by categories of sellers, as well as economically and technologically unjustified refusal to conclude bank account agrements with the banks that were financially stable but were not included in the list of the banks recommended by "MAKS-M" CJSC.

As a result, the Antimonopoly Service found that "MAKS-M" CJSC violated Part 3 Article 11 of the Federal Law "On Protection of Competition" by coordinating economic activities of market participants, that can lead to division of the goods market by categories of sellers and economically and technologically unjustified refusals to conclude contracts with particular sellers.

Before the Antimonopoly Service passed the decision, "MAKS-M" CJSC had withdrawn the instructions for opening accounts in a limited number of banks, which it had sent to medical and preventive treatment facilities, and presented confirming documentation to FAS Russia.

At the same time, "MAKS-M" CJSC informed medical and preventive treatment facilities that they could independently select banks to carry out settlements under mandatory medical insurance and "MAKS-M" CJSC would not stop medical and preventive treatment facilities from concluding additional agreements and changing accounts for transferring funds under the mandatory medical insurance.

As "MAKS-M" CJSC voluntarily eliminated the antimonopoly violation and its consequences, FAS Russia terminated the proceedings against the company and did not issue a determination.

Part 3 Article 11 of the Federal Law "On Protection of Competition" prohibits coordination of economic activity between market participants by physical persons, commercial and not-profit organisations, if such coordination can lead to the consequences specified in Part 1 Article 11 of the Federal Law "On Protection of Competition, in particular, to dividing the goods market according to the seller categories, as well as to economically and technologically unjustified refusal to conclude contracts with particular sellers.

Clause 14 Article 4 of the Federal Law "On Protection of Competition" defines coordination of economic activity as coordinating actions of economic entities by the third person, who is not a member of the same group of persons with any of those economic entities.