GBUZ SO Oblastnaya blood transfusion station

History

2020: A penalty in the amount of 2.4 million rubles for cartel collusion

On August 13, 2020 it became known of imposing of a penalty on located in Yekaterinburg GBUZ SO "Regional blood transfusion station" for cartel collusion to ALPHA Pharm company.

According to OFAS across Sverdlovsk region, the regional blood transfusion station and ALPHA Pharm company signed "the verbal agreement limiting the competition". From 2015 to 2018 the blood transfusion station sold immunoglobulin only "An alpha pharm", providing the companies a discount in 30%.

The Sverdlovsk blood transfusion station refused to other organizations and directed to "ALPHA Pharm". Therefore in the majority of the state biddings this company had no competitors, doing it by the only participant of procurement procedures — the head of the Sverdlovsk OFAS Dmitry Shalabodov at a press conference explained.

The Sverdlovsk blood transfusion station was fined 2.4 million rubles for cartel collusion

The blood transfusion station was fined 2.4 million rubles, the chief physician — 15 thousand rubles. The director of the company already paid a penalty in the amount of 15 thousand rubles.

The arbitration court of Ural federal district cancelled the instruction of OFAS of Sverdlovsk region in a part where department ordered to the participant of Alfa Pharm LLC cartel to return 172.8 million rubles of income from participation in collusion to the federal budget.

Courts of first instance, and then appeals and cassations were recognized that collusion was and also confirmed legality of the inflicted sanctions, except the requirement to return the specified amount. Alfa Pharm LLC filed a complaint to the decision of OFAS again – this time to the Supreme Court of the Russian Federation, but so far it was succeeded to strive for only cancellation of the instruction.

Arbitration court, considering the writ of appeal, established that collecting by antimonopoly authorities illegally gained income perhaps, only if department cannot calculate an administrative penalty, proceeding from the amount of revenue of the offender from sales of goods. At the same time the OFAS had such opportunity.^[1]

Notes