FAS Revoked Fine Imposed upon IKEA MOS Ltd.
OREANDA-NEWS. March 12, 2010. The Federal Antimonopoly Service (FAS Russia) countermanded the determination on imposing a fine upon "IKEA MOS" Ltd. (Trading and Real Estate) issued by the Moscow Regional Office of FAS Russia, reported the press-centre of FAS Russia.
Earlier the Moscow Regional OFAS Russia found that the company coordinated economic activities of the leaseholders of sales premises (in breach of Part 3 Article 11 of the Federal Law "On Protection of Competition"). In particular, "IKEA MOS" Ltd. included in its leasing contracts the mandatory requirements to insure the property of "IKEA MOS" Ltd., civil liability as well as the property of leaseholders in insurance companies, providing services on the market of property lease, that should be determined by "IKEA MOS" Ltd.
After that the Moscow Regional OFAS Russia fined "IKEA MOS" Ltd. under Article 14.32 of the Code on Administrative Violations ("turnover fines").
The company complained about the actions of the regional OFAS to the Central Office of FAS Russia.
Having investigated the complaint, FAS Russia discovered that the company did violate the antimonopoly legislation; however, administrative liability for such kind of violations was introduced after "IKEA MOS" Ltd. exercised its unlawful actions.
Under the provisions of the Code on Administrative Violations, the law establishing or aggravating administrative liability does not retroact. Therefore, FAS Russia countermanded the determination of the Moscow Regional OFAS Russia on imposing a fine upon "IKEA MOS" Ltd.
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