Court Pronounced Legitimacy of OFAS Decision on Progress-Lessing CJSC
OREANDA-NEWS. June 13, 2012. The Commission of the Office of the Federal Antimonopoly Service in the Kemerovo Region (Kemerovo OFAS Russia) pronounced partial legitimacy of a claim regarding actions of a organizer of competitive bidding - “Progress-Lessing” CJSC, reported the press-centre of FAS Russia
According to the decision of Kemerovo OFAS Russia, “Progress-Lessing” CJSC failed to publish information, regarding documents required to take part in competitive bidding, in “Kuzbass” and “Kommersant” newspapers and failed to draw and forward the protocols on determining bidding participants.
Based on its decision, Kemerovo OFAS Russia issued a determination to “Progress-Lessing” CJSC to void competitive bidding as a public offering for selling property.
“Progress-Lessing” CJSC lodged a claim to Kemerovo Regional Arbitration Court to invalidate the decision and determination issued by Kemerovo OFAS Russia. However, on 28th May 2012 Kemerovo Regional Arbitration Court dismissed the claim of “Progress-Lessing” CJSC and pronounced legitimacy of the decision made by the regional antimonopoly body.
Article 18.1 was introduced at the beginning of 2012 by the third antimonopoly package. This is the first case initiated by Kemerovo OFAS Russia under Article 18.1 (the Procedures for considering complaints regarding competitive bidding procedures and the procedures for concluding contracts by an antimonopoly body) that examined by Arbitration Court of First Instance.
“Hopefully, this judicial case will be useful for developing enforcement practice on similar cases”, commented the Head of Kemerovo OFAS Russia, Natalia Koukharskaya. “Although Article 18.1 was introduced recently, Kemerovo OFAS Russia already applies this norm successfully”.