OREANDA-NEWS. On June 22, 2009 the Federal Antimonopoly Service (FAS Russia) initiated a case against "Tander" CJSC, "Sistema" Ltd., "Sistema-Factor" KB" Ltd. and "UniCreditBank" CJSC for violating Article 11of the Federal Law "On Protection of Competition", reported the press-centre of FAS Russia.

The case was initiated upon a petition of "Metallinvestbank" Share-Holding Commercial Bank" OJSC that informed that "Tander" CJSC (Magnit trade netwrok) had forbidden its suppliers to using factoring services of "Metallinvestbank" Share-Holding Commercial Bank" OJSC.

Evidence presented by the Petitioner indicated possible agreements between "Tander" CJSC, "Sistema" Ltd., "Sistema-Factor" KB" Ltd. and "UniCreditBank" CJSC. The purpose of the agreements was to ensure that only those commercial organizations could provide factoring services to the suppliers of the trade network.

Such agrements could lead to dividing the market of factoring services by the categories of sellers and buyers, when suppliers of "Tander" CJSC would be forced to use factoring services provided only by designated companies. The could also lead to unreasonable refusals of suppliers of "Tander" CJSC to enter into factoring contracts with other companies, for instance, "Metallinvestbank" Share-Holding Commercial Bank" OJSC.

Actions of "Tander" CJSC on restricting the choice of factoring companies can be classified as competition-restricting coordination of economic activities of the suppliers that can lead to the above consequences.

Therefore, actions of "Tander" CJSC, "Sistema" Ltd., "Sistema-Factor" KB" Ltd. and "UniCreditBank" CJSC have elements of violating Part 1 Article 11of the Federal Law "On Protection of Competition", and actions undertaken by "Tander" CJSC also have elements of violating Part 3 Article 11of the Federal Law "On Protection of Competition".

The case hearing is scheduled for 10th July 2009.

Reference:
Part 1 Article 11of the Federal Law "On Protection of Competition" prohibits agreements or concerted actions between economic entities on the goods market if such agreements or concerted actions have resulted, or can result, in particular, in dividing the goods market by categories of sellers or buyers, as well as in economically or technologically unjustified refusal to enter into contracts with certain sellers. Part 3 Article 11of the Federal Law "On Protection of Competition" prohibits coordination of economic activities of economic entities if such coordination have led or can lead to the consequences specified in Part 1 Article 11.