Rosselkhoznadzor Violated Federal Law on Protection of Competition
OREANDA-NEWS. February 07, 2011. The Federal Antimonopoly Service (FAS Russia) found that Rosselkhoznadzor violated Part 1 Article 15 of the Federal Law “On Protection of Competition”, reported the press-centre of FAS Russia.
On 27th December 2010, FAS Russia initiated a case against Rosselkhoznadzor upon the signs of violating Part 1 Article 15 of the Federal Law “On Protection of Competition”.
The case was initiated after Rosselkhoznadzor had sent No.FS-AS-3/9810 instructive letter of 11th August 2010, requesting that desinfection works on quarantine items for the purposes of quarantine phyto-sanitary control, particularly, when products subject to quarantine control are imported to / exported from the Russian Federation, can be exercised by the organisations specified in the enclosed List, which only included organisations subordinate to Rosselkhoznadzor.
As a result of Rosselkhoznadzor sending No.FS-AS-3/9810 letter of 11th August 2010, its regional offices exercised unlawful actions: they refused to grant approvals to economic entities for transportation of the items subject to quarantine control across the Russian Federation on the grounds that the works for disinfecting warehouse premises had been carried out by organisations not included in the List (enclosed to the letter of Rosselkhoznadzor).
The FAS Russia’s Commission established that actions of Rosselkhoznadzor towards establishing a restricted list of economic entities authorised to carry out desinfection works (gassing / degassing) unreasonably prevented economic activities of the participants of the market of services for disinfecting items subject to quarantine, particularly for the purposes of interregional shipment of the goods and materials subject to quarantine.
Having investigated the case, FAS Russia found that Rosselkhoznadzor violated Part 1 Article 15 of the Federal Law “On Protection of Competition”and issued a determination to stop violating the antimonopoly law.