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2024: Fine from the FAS for cartel collusion in the supply of medical equipment to the hospital
On March 1, 2024, the Office of the Federal Antimonopoly Service for the Primorsky Territory announced the imposition of a fine on participants in the medical cartel. LLC Simran, LLC Poly-Trade, LLC Agat Plus and LLC Hardey entered into a conspiracy in the supply of equipment and drugs to the Vladivostok Clinical Hospital No. 4.
According to the ministry, the listed companies concluded and implemented an anti-competitive agreement for the supply of medicines, medical equipment, consumable material, as well as cleaning equipment for the needs of the VKB No. 4 KGBUZ. This medical facility includes a hospital with almost 400 beds, as well as a clinic. Participants in the conspiracy submitted applications as part of procurement procedures and, in the absence of other competitors, refused to fight further. This behavior ensured the conclusion of contracts at the highest possible price in the absence of a competitive price offer.
During a joint audit with law enforcement agencies, it was found that the above companies operate in one office room. Laptops with different IP addresses were found in the office. In addition, the employees responsible for participating in the auction had at their disposal all the necessary documents, seals, as well as electronic signatures of organizations.
Having considered the materials of the case, the Primorskoye OFAS recognized the company as violating clause 2 of part 1 of article 11 of the Law on Protection of Competition. They were fined a total of 656.6 thousand rubles. It is noted that earlier in the case appeared the fifth company - LLC "Star Wind," but in the decree of the department on recovery it does not appear. The total amount of contracts, during the implementation of which antitrust laws were violated, amounted to 23.29 million rubles.[1]
2023: Initiation of a case of participation in a conspiracy in the supply of medical products worth 23 million rubles
Primorsky OFAS revealed a collusion at the auction in the supply of medicines, medical equipment and consumables, as well as cleaning equipment for the needs of the Vladivostok Clinical Hospital No. 4. The department announced this on February 9, 2023.
The regional OFAS opened a case of violation of antimonopoly legislation against LLC Simran, LLC Poly-Trade, LLC Star Wind, LLC Agat Plus, LLC Hardey and IP Ermolin M.V. The regulator suspects companies of concluding and selling a cartel in order to maintain prices at the auction.
These organizations, as reported in the press service of the Primorsky OFAS, applied for participation in procurement procedures and, in the absence of other competitors, refused to fight further. This behavior indicated the intention to secure the conclusion of the contract at the highest possible price in the absence of a competitive price offer. The total amount of contracts concluded with organizations suspected of cartel collusion amounted to 23,288,390 rubles, the ministry said in a statement.
During a joint audit with law enforcement agencies, it was found that the above companies operate in one office room. Laptops with different IP addresses were found in the office. In addition, the employees responsible for participating in the auction had at their disposal all the necessary documents, seals, as well as electronic signatures of the organizations under audit.
During the consideration of the case, the Primorskoye OFAS of Russia will also decide on the presence/absence of involvement of officials of the KGBUZ "VKB No. 4" in the specified anti-competitive agreement[2]