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Federal Antimonopoly Service of FAS of the Russian Federation

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+ Federal Antimonopoly Service of the Russian Federation (FAS)

The Federal Antimonopoly Service (FAS Russia) is the authorized federal executive authority performing functions on acceptance of regulatory legal acts, control and supervision of a compliance with law in the field of the competition in goods markets, protection of the competition in the market of financial services, activity of subjects of natural monopolies and advertizing.

In addition, the FAS Russia exercises control of a compliance with law about placing orders for the supply of goods, works and services for state and municipal needs, performs functions on control of implementation of the foreign investments in the Russian Federation. The Federal Antimonopoly Service is created according to the Decree of the President of Russia No. 314 of March 9, 2004. Regulations on Federal Antimonopoly Service are accepted the Government of the Russian Federation on July 29, 2004 FAS Russia - federal executive authority which management of activity is performed by the Government of the Russian Federation.

History

2019: FAS fined Johnson&Johnson 200 thousand rubles

On April 9, 2019 the Federal Antimonopoly Service (FAS) of the Russian Federation fined the Russian structure Johnson&Johnson 200 thousand rubles for inadequate TV advertizing of the medicine "Geksoral". Read more here.

2018: New deputy head of FAS - Mikhail Evrayev

On November 29, 2018 announced FAS Russia Mikhail Evrayev's appointment to a position of the deputy manager of department. Read more here.

Incidents in the field of IT

2019

FAS recognized VimpelCom, MTS and Tele2 by violators of the antitrust law

On May 15, 2019 it became known of what the Federal Antimonopoly Service (FAS) recognized mobile operators "Mobile TeleSystems" (MTS), VimpelCom and "T2 of Mobile" by violators of the Law "About Protection of the Competition". It is about establishment of discriminatory conditions when forming rates for SMS mailings for the state and commercial organizations which put consumers in unequal position. Read more here.

FAS fined Tele2 250 thousand rubles.

On April 10, 2019 it became known, FAS fined Tele2 250 thousand rubles for violation of the law about protection of the competition. Read more here.

2018

FAS found Committee of informatization and communication of St. Petersburg guilty in the conclusion of transactions without tendering

On November 9, 2018 it became known that the Federal Antimonopoly Service (FAS) found out that the Committee of informatization and communication of St. Petersburg (CIS) signed about SUE St. Petersburg Information and Analytical Center (IAC) contracts with a total cost about 500 million rubles without tendering. At the same time the contractor had no powers which would allow it to sign contracts without tender — the customer just created for it exclusive conditions, reported in CNews.

It is about two contracts. One of them — on rendering services in operation, maintenance and development GIS of "The integrated system information and analytical ensuring activity executive bodies of the state power St. Petersburg" in 2018. Contract amount was more than 181.8 million rubles.

The second contract was signed on rendering services in operation, maintenance and development "Interdepartmental automated information system of providing in St. Petersburg of the public and municipal services in electronic form" in 2018. The contract price — slightly less than 315.5 million rubles.

Both cases were considered by the St. Petersburg OFAS which in both cases found CIS guilty in violation commission. Antimonopoly department issued to committee the instruction about commission of the actions necessary for ensuring the competition.

Another matters against CIS

At the same time the Office of the Federal Antimonopoly Service for Saint Petersburg and the Leningrad Region considered two more cases which subject also was a signing of the contracts between CIS and IAC without tendering. In one case it was talked of the service provision contract on execution of works on mobilization preparation and maintenance of the Safe City system. Rendering services in providing computing powers of distribution regional DPC of state agencies of St. Petersburg which is under authority of IAC was a subject of other contract.

However in these cases FAS came to a conclusion that the IAC had powers on work and rendering services which became a subject of contracts. With respect thereto both affairs were stopped on an absence reason of violations.

Background

FAS not for the first time convicts CIS and IAC of signing of the contracts without tendering. In 2017 department found out that the parties signed in this way seven contracts with a total cost more than 540 million rubles. A complaint was full face filed by Autonomous nonprofit organization "Center of Anti-corruption Researches and Initiatives of Transperensi International-R". FAS directed to terminate all signed contracts and to hold under them open tenderings. CIS appealed against this solution in court, however in April, 2018. The arbitration court of St. Petersburg and the Leningrad Region confirmed legitimacy of the instruction of FAS.[1]

FAS fined Rostelecom and Technoserv 72 million rubles for cartel at biddings

The Novgorod OFAS of Russia recognized PJSC Rostelecom and Technoserv of AS LLC guilty of cartel collusion with participation in tender on creation of a complex of automatic fixing of traffic offenses, says FAS of November 8, 2018. As result department imposed on the companies a penalty for the amount of 72 million rubles from which Rostelecom should pay 60 million rubles, and "Technoserv of AS" — 12 million rubles. The decision of antimonopoly authority was supported by courts of the first and appellate instance.

As noted, biddings for the amount more than 730 million rubles with participation of Rostelecom and Technoserv were carried out in the Novgorod region.

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The current legislation provides considerable penalties for cartels. It is caused by their high public danger. The ordered to pay fines are just punishment for violation. At the same time, considering the amount of income gained by defendants, we expect involvement of participants of cartel to criminal liability — the Head of the Anti-Cartel Department Andrey Tenishev noted.[2]
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In Rostelecom responded to the request of CNews that as of November 8 specialists of the company study materials of FAS then whether the decision on further actions will be made, for example, Rostelecom will dispute this solution. Representatives of Technoserv answered that they do not comment on this situation.[3]

2017

CIS and IAC of St. Petersburg are convicted of the conclusion of 7 contracts for 540 million rubles without biddings

In 2017 the Federal Antimonopoly Service (FAS) revealed that the Committee of informatization and communication (CIS) and SUE St. Petersburg Information and Analytical Center signed in total seven contracts without tendering with a total cost more than 540 million rubles.

So, one of contracts was signed on rendering services in providing computing powers of the distributed regional DPC of state agencies of St. Petersburg in the first half of the year 2017. The cost of the contract was nearly 134 million rubles.

The second contract worth about 192 million rubles concerned execution of works on operation, maintenance and development "Interdepartmental automated information system of providing in St. Petersburg of the public and municipal services in electronic form" in 2017.

The third contract worth 62.5 million rubles was signed on execution of works on operation, maintenance and development of the GIS "The Integrated System of Information and Analytical Ensuring Activity of Executive Bodies of the Government of St. Petersburg" in 2017.

In the fourth contract it was talked of rendering services in operation of an automated system of the Center of operational management of information security "The safe city" in 2017. The cost of the contract was about 38.8 million rubles.

Execution of works on operation, maintenance and development of the GIS "System of Interdepartmental Electronic Interaction of St. Petersburg" in 2017 was a subject of the fifth contract. Contract amount exceeded 52 million rubles.

One more contract worth about 26 million rubles was signed on execution of works on operation, maintenance and development of GIS of state agencies of St. Petersburg "The register of the state information systems of St. Petersburg" in 2017.

The seventh contract was signed on rendering services in operation and support of Certification center of executive bodies of the government of St. Petersburg and also to ensuring use of the electronic signature and enciphering of information in GIS of the city in 2017. The cost of the contract exceeded 42.5 million rubles.

FAS revealed a cartel collusion of suppliers of the equipment for Elections state automated system

The commission Federal Antimonopoly Service of Russia recognized suppliers of the equipment for the State automated system of the Russian Federation Elections violated the antitrust law. According to the statement published on August 24 on the website of FAS for cartel collusion the companies are threatened by turnover fines at the rate from 10% up to 50% of the starting maximum price of the contract (according to Part 2 of Article 14.32 of the Administrative Code).[4]

So, "Aquarius production company" and "CROC Inc." were recognized violated paragraph 2 of Part 1 of Article 11 of the Law on protection of the competition. During consideration of the case it became clear that the companies signed the agreement that as a result led to maintenance of the prices on open competitions for rendering services in technical support of a hardware and software system of the selected segment of DPC of the city of Moscow for needs of State Budgetary Institution Informatsionny gorod and also on rendering services in system maintenance of an information system of Rosstat.

FAS also established that a group of persons from "Aquarius production company" and National Computer Corporation and also "Business computers of groups" and AMI-Netvork signed the anti-competitive agreement which led to maintenance of the price on a public electronic auction for delivery of system units for complexes of the automation equipment of regional fragments of Elections state automated system for needs of Federal Informatization Center under the Russian CEC. Economic activity of these companies was coordinated by Hewlett Pakkard A. O. Ltd therefore it is also recognized violated Part 5 of Article 11 of the Law on protection of the competition (Part 5 of Article 14.32 of the Administrative Code).

Besides, "Aquarius production company" and Superveyv Group signed the anti-competitive agreement which led to maintenance of the price at a Dutch auction for delivery of office, network equipment, the equipment of Hewlett Packard, licenses and services in installation and setup of the equipment for "Norilsk Nickel there is the General service center", and participated in it (point 2 of Part 1 of Article 11 of the Law on protection of the competition).

Consideration of the case concerning "CROC Inc." and Superveyv Group on signs of participation in cartel within the electronic auction No. 0348100010516000017, "Kraftway Corporation of PLS", "Lenovo (Eastern Europe / Asia)", Eychpi Ink was stopped due to the lack of antitrust violation.

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We attentively studied all case papers, carried out the careful analysis to make the weighed decision. There were many episodes, and we tried to eliminate those questions which raised at us doubts at a stage of decision-making. It is sure, this case not the last in series of investigations of cartel collusions at biddings on deliveries of the equipment for the state needs" — the secretary of state — the deputy manager of FAS Russia Andrey Tsarikovsky commented.
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The solution and materials on case will be sent to Federal Security Service and the Federal Tax Service.

FAS spent tens of millions for IT with violation of the law

The Federal Antimonopoly Service (FAS) violates the law, disposing of public funds. In particular, in 2016 department spent funds for actions for informatization when the plan of informatization for 2016-2018 was not approved yet. In total thus one million p26.15 were spent. The Accounts Chamber came to such conclusion during check of FAS[5].

The similar situation was observed in 2015 when FAS financed actions for informatization for the amount of p197.8 of one million, without having the approved plan of informatization for 2015-2017.

According to the results of check the Accounts Chamber will send a number of documents to the relevant departments – in Federal Assembly, the State Office of Public Prosecutor, Federal Treasury and the Federal Tax Service.

Violations in the information and technical center FAS

Violations were revealed also in work of IT structure of department – FBU "Information and Technical Center FAS Russia". The center created in 2012 is engaged in ensuring work of FAS. In 2016 in department the order of drawing up and the approval of the plan of financial and economic activity of the center was not approved. Also FULL FACE did not claim an order of drawing up and the approval of the report on results of activity of FBU, and how the center disposes of the state property provided to it. The listed actions are considered by Accounts Chamber as violation of the law "About non-profit organizations".

Besides, FAS and its information and technical center broke in 2016 the law at commission of purchases, since the choice of suppliers/contractors and finishing with accomplishment of government contracts. In documentation on purchases defects are detected – there are no lot numbers, units of measure, requirements to goods, etc. The starting prices for goods are proved without compliance with law "About a contract system".

Waste of budgetary funds and property

In 2016 from approval of FAS her information and technical center signed three agreements on placement of base stations of mobile radio telephone communication. Under it a part of a roof of the building which is the property of the state was selected. At the same time consent was not received from the owner that is considered by Accounts Chamber as violation of the Civil code. Income from agreements came to the information and technical center because of what the federal budget received less one million p1.61.

In addition, in 2016 the information and technical center FAS spent budgetary funds not to destination. In particular, a zamdiraktor of the center it is groundless received compensation for failure from official cars in the amount of one million p1.13. Payment was performed from a subsidy for accomplishment of a state task. In addition, within a year the center was engaged in voluntary insurance of cars for the amount of p1.62 of one million.

2010

In July, 2010 the website of the Federal Antimonopoly Service (FAS) worked with interruptions, being disconnected several times during the day. Problems began in July 24, as the reason of it officials call the failures on substation caused by abnormally hot weather in Moscow. Because of overheating on substation electricity and, as a result, all servers installed in central office of department is disconnected. In total in this division of department more than 30 servers are installed. In addition to the website representatives of state structure note also failures in system operation of electronic document management and e-mail.

FAS calls by responsible not directly energy company, and servicing substation of Federal State Unitary Enterprise FT-center. As the representative of federal service Ivan Zavgorodnev explained, operational works for substations are usually performed by electricians from the outsourcing company with which "FT-center" has an agreement. At the same time it is only authorized to the specialists allowed by Rostekhnadzor to perform works on this direction.

According to Zavgorodnego, in "FT-center" FAS said that the electrician authorized to perform works for substations is on vacation now. Specialists FAS try to solve a problem by own efforts. At the time of the publication of the text the website of FAS worked, however, as tell CNews in department, to speak about complete recovery early as "it is unknown whether electricity will be disconnected again in 5 minutes".

Notes