Court: Inspection of Argus-Spekt Carried Out in Accordance with Law
OREANDA-NEWS. April 22, 2014. The Head of FAS Anti-Cartel Department, Andrey Tenischev, commented the judgment of the 9th Arbitration Appeal Court: “It is not the first incident of challenging our inspections in vain”.
On 8th April 2014, the 9th Arbitration Appeal Court dismissed the claim of “Argus-Spekt” CJSC and the Main Department of the Ministries of Emergencies in the Leningrad region to invalidate an Order of the Federal Antimonopoly Service (FAS Russia) on an unscheduled on-site inspection of the claimant and all actions exercised in the course of the inspection and the act drawn upon its results.
On 18th February - 17 May 2013, FAS carried out an unscheduled on-site inspection of “Argus-Spekt” CJSC, which exposed signs of concluding contracts by the company for supplying its products at the lowest resale prices, which is directly prohibited by Part 2 Article 11 of the Federal Law “On Protection of Competition”.
On 4th February 2014, the Federal Antimonopoly Service (FAS Russia) initiated a case on violating the antimonopoly law upon the fact of “Argus-Spekt” CJSC and its dealers concluding prohibited “vertical” agreements.
Andrey Tenischev pointed out that “FAS sudden on-site inspections are an efficient instrument for obtaining evidence of violations of the antimonopoly law”.