OREANDA-NEWS. On May 02, 2007 the 9th Arbitration Appeal Court, Moscow, confirmed validity of the determination which was issued by the Office of the Federal Antimonopoly Service in the Khanty-Mansiisky Autonomous District (Okrug) - Yugra (the Khanty-Mansiisk Office of FAS Russia) to the Shareholding Commercial Savings Bank of the Russian Federation. The determination related to imposing administrative penalty on the bank - a 200 000 Rubles fine - for failure to notify about concerted practices (agreements), reported the press-centre of  FAS Russia.


The Khanty-Mansiisk Office of FAS Russia requested all branches of the Savings Bank of Russia to present information on any forms of agreements between the branch and executive bodies, local self-government bodies or other organizations. № 5940 Surgut branch of the West Siberian [Zapadno Sibirsky] bank of the Savings Bank of Russia sent a letter to the antimonopoly office enclosing relevant documentation. Having analyzed the received information, the Office found that the bank branch had entered into agreements with commercial organizations but did not notify the antimonopoly office about four of those agreements. The branch explained that the agreements in question are common practice in business activity and therefore should not be notified to the antimonopoly office.


Studying the case, the antimonopoly office established that № 5940 Surgut branch of the West Siberian [Zapadno Sibirsky] bank of the Savings Bank of Russia did not notify the FAS Office within 15 day upon signing the contracts with auto dealers on crediting customers - physical persons. The Experts of the FAS Office revealed that the agreements in question did not constitute common practice in business activity and, therefore, were not covered by the exception clause (Clause 3 Part 9 Article 35 of the Federal Law "On Competition"). Therefore, FAS Office found that the branch violated Part 9 Article 35 of the Federal Law "On Competition".


Under Part 1 Article 19.8 of the Code of Administrative Violations of the Russian Federation, the Khanty-Mansiisk Office of FAS Russia imposed administrative penalties (fine) on the Savings Bank of Russia for breaching the legislation. The Savings Bank of Russia appealed against the determinations of the antimonopoly office to the Arbitration Court of the Khanty-Mansiisky Autonomous District; according to the seat of jurisdiction, the cases were transferred to the Moscow Arbitration Court. In March 2007, the Moscow Arbitration Court recognized validity of the determination issued by the Khanty-Mansiisk Office of FAS Russia, while on 2nd May 2007, the 9th Arbitration Appeal Court in Moscow sustained the judgment of the court of first instance on one of determinations.