OREANDA-NEWS. October 18, 2010. The Federal Antimonopoly Service (FAS Russia) found that ”Chernozemie” Federal Highway Department” (a Federal State Institution) of the Federal Highway Agency and “Road Maintenance Enterprise -36” Ltd. for violated Clause 2 Part 1 Article 11 of the Federal Law “On Protection of Competition” (prohibiting competition-restricting concerted actions), reported the press-centre of FAS Russia.

The case against ”Chernozemie” Federal Highway Department” of the Federal Highway Agency and “Road Maintenance Enterprise -36” Ltd. was initiated on 29th June 2010 upon a complaint of “Dorspetsstroi” Ltd.

Based on the video-record submitted by “Dorspetsstroi” Ltd., FAS Russia established that at the bids opening procedure of the open tender for the capital repair works on highway А-144 Kursk-Voronezh-Borisoglebsk to “Kaspii” Highway from 213+000 km to - 218+500 km (I start-up facilities) in Voronezh region, the Commission Chairman opened the envelope with the bid of “Road Maintenance Enterprise -36” Ltd. and announced the period for performance of works and cost of works different from those specified in the bid of “Road Maintenance Enterprise -36” Ltd. As a result, the company won the tender.

Actions of “Chernozemie” Federal Highway Department” of the Federal Highway Agency and “Road Maintenance Enterprise -36” Ltd. at the open tender, in particular, announcing information in course of the bids opening procedure about the cost and period of works by “Road Maintenance Enterprise -36” Ltd. different from those specified in the actual bid of “Road Maintenance Enterprise -36” Ltd. with subsequent replacement of those sheets, could have been an oral agreement with the purpose for “Road Maintenance Enterprise -36” Ltd. to win the tender.

FAS Russia would like to point out that “Chernozemie” Federal Highway Department” of the Federal Highway Agency and “Road Maintenance Enterprise -36” Ltd. already concluded the government contract. However, under the Federal Law “On Protection of Competition” FAS can impose turnover fines on both organizations.

“This is a typical example of a customer – bidder collusion”, stated the Head of the FAS Russia’s Cartel Department Alexander Kinyov.