OREANDA-NEWS. December 15, 2010. The 14th Arbitration Appeal Court in the Vologda region allowed a settlement agreement between the Vologda Office of the Federal Antimonopoly Service (OFAS Russia) and “No.2 Vologda Drug Abuse Clinic” State Health Care Institution about returning by the medical institution illegally obtained income (3.5 million Rubles) to the Federal budget in equal installments within five years. This is the first experience by Vologda OFAS Russia of achieving settlements with violators, reported the press-centre of FAS Russia.

On 28th January 2010, the Commission of Vologda OFAS Russia found that “No.2 Vologda Drug Abuse Clinic” State Health Care Institution in Cherepovets violated the antimonopoly law (Clause 3 Part 1 Article 10 of the Federal Law “On Protection of Competition”). The antimonopoly body issued a determination to the medical institution to stop abusing market dominance and do not impose the services for issuing certificates to physical persons who wish to obtain medical certificates confirming fitness to drive motor vehicles. Also Vologda OFAS Russia obligated the Drug Abuse Clinic in Cherepovets to transfer the income obtained as a result of violating the antimonopoly law to the federal budget.

“No.2 Vologda Drug Abuse Clinic” State Health Care Institution challenged the decision of the antimonopoly body at Vologda Regional Arbitration Court.

On 10th August 2010, the Court supported the antimonopoly body in its request to seize the funds unlawfully obtained by the Drug Abuse Clinic.

On 2nd December 2010, at the 14th Arbitration Appeal Court in the Vologda region the parties - Vologda OFAS Russia and “No.2 Vologda Drug Abuse Clinic” State Health Care Institution - signed a settlement agreement, by which medical officials admitted the fact of violating the antimonopoly law in the part of imposing non-statutory chemical-and - technological examinations to issue certificates to drivers from 13th April 2009 to 3rd September 2009. Under the settlement, the Drug Abuse Clinic undertakes the obligation to pay to the federal budget the income in the size of 3.5 million Rubles in equal installments within five years from January 2011 to December 2015.

“For our Office it’s the first experience of settlement agreements with violators. At the beginning the question was about reducing the sum that must be transferred to the federal budget. It’s not a fine but seizure of unlawful income obtained by the Drug Abuse Clinic from citizens. On the issue of payment by installments we met the doctors halfway”, commented the Head of Vologda OFAS Russia, Mr. Alexander Sazonov.