FAS: Retail Networks Should Adjust Contracts to Comply with Trade Law
OREANDA-NEWS. July 15, 2010. In Q2 2010 regional offices of the Federal Antimonopoly Service (FAS Russia) carried our 96 inspections of federal and regional retail networks, executing the FAS Russia's instructions to monitor compliance with the Federal Law "On Trading", reported the press-centre of FAS Russia.
Based on the findings of the inspections, antimonopoly bodies issued 101 recommendations (determinations) to retail networks to adjust their supply contracts in compliance with the Federal Law "On Trading" within the statutory period.
Analysis of the contracts concluded before 1st February 2010 showed that those contracts have provisions, which contradict Article 9 of the Federal Law "On Trading". Article 9 of the Federal Law "On Trading" specifies the rights and responsibilities of retail networks and suppliers of food products related to conclusion and performance of the contracts for supply of foods products. For instance, contrary to the legal norms (Part 7 Article 9 of the Federal Law "On Trading"), supply contracts often include remuneration for buying a certain number of food products in the contract price, or remuneration for honouring supply contract conditions and (or) its change, and provide for payment delays. Supply contract often include provisions about the services for advertising food products, marketing and similar services aimed at sales promotion, or conclusion supply contracts results from a contract for the retail network providing services for advertising food products, marketing and similar services aimed at sales promotion.
As part of their control functions, from August 2010 the antimonopoly bodies will exercise state control over compliance with the antimonopoly rules and standards provided for in Articles 13-15 of the Federal Law "On Trading", and will be able to issue mandatory determinations.
Article 13 of the Federal Law "On Trading" established antimonopoly rules for retail networks and suppliers involved in treading.
Article 14sets restrictions for buying or leasing additional space for mercantile establishments by economic entities involved in retail trade of food productions through retail networks.
Article 15 establishes antimonopoly requirements for the authorities of the constituent territories of the Russian Federation, and local self-government bodies in the area of trade regulation.