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2021: Participation in cartel conspiracy in the supply of medical products in the Nizhny Novgorod region
In December 2021, the Federal Antimonopoly Service (FAS) announced the identification of cartel conspiracy in the supply of medical devices in the Nizhny Novgorod region. According to the agency, IstraMed LLC, Telemedics LLC, Volga Medical Equipment LLC and Petr Telegin LLC maintained prices during competitive procedures.
These companies were found guilty of violating paragraph 2 of Part 1 of Article 11 of Law No. 135-FZ (prohibition of agreements restricting competition of business entities that may lead to an increase, decrease or maintenance of prices at the auction). The case on the grounds of violation was initiated by the OFAS in August 2021 according to the results of an unscheduled inspection of one of the participants in the cartel - the manufacturer of medical products LLC Petr Telegin.
According to the FAS, the existence of an anti-competitive agreement proves:
- The lack of economic justification that one of the bidders created an advantage for the competitor;
- bidders use one IP address to submit bids and sign contracts based on the results, as well as the formation of documents by one person;
- location of the parties to the agreement at one address;
- electronic signature for one individual;
- issuing power of attorney by one owner to represent his interests to the employees of another LLC, as well as concluding an escort contract in procurement procedures;
- mutual settlements between the parties to the agreement.
According to the FAS decision, the companies participated in 20 auctions in pairs. Most of the contracts were received by Petr Telegin LLC and IstraMed LLC. From the implementation of the cartel agreement, companies received almost 7.6 million rubles of income.
In different regions of Russia, 18 hospitals suffered from cartel activities. However, the employees of the antimonopoly authority failed to establish the damage from the implementation of the cartel agreement.[1]