OREANDA-NEWS. September 01, 2011. The Federal Antimonopoly Service found that “Gazprom” OJSC violated Clause 3 Part 1 Article 17 of the Federal Law “On Protection of Competition” in organising an open tender for the contracts for placing stock obligations of “Gazprom” OJSC, reported the press-centre of FAS Russia.

The FAS Commission established that “Gazprom” OJSC unlawfully overscored importance of one of the criteria for evaluating the bids. It was in breach of the procedures for determining the tender winner, and as a result the winning bid did not have the best conditions.

Reference:

No.1
Clause 3 Part 1 Article 17 of the Federal Law “On Protection of Competition” prohibits actions in course of tenders that lead or can lead to preventing, restricting or eliminating competition, in particular, breaching the procedures for determining the tender winner or the winners.

No.2
Under Part 4 Article 17 of the Federal Law “On Protection of Competition”, FAS Russia can file a lawsuit to invalidate a tender and contracts concluded as a result of such tender.