OREANDA-NEWS. May 11, 2011. The Federal Antimonopoly Service (FAS Russia) found that the Ministry of Industry and Trade of the Russian Federation, the Russian Association of Manufacturers of Cash-Register Equipment (RAPCaT) (a non-commercial organisation ), “RAPCaT-Centre” Ltd., and “Bardin Research Institute of Ferrous Metal Industry” Federal State Unitary Enterprise violated Clause 4 Article 16 of the Federal Law “On Protection of Competition” (an agreement between a federal executive body and economic entities that leads to restricting market entry of other economic entities), reported the press-centre of FAS Russia.

The Ministry of Industry and Trade of the Russian Federation, the Russian Association of Manufacturers of Cash-Register Equipment (RAPCaT) (a non-commercial organisation , “RAPCaT-Centre” Ltd., and “Bardin Research Institute of Ferrous Metal Industry” Federal State Unitary Enterprise violated the antimonopoly law by undertaking joint efforts to create a system for including cash register equipment in the State Register. This system restricts entry of economic entities in the market of production and distribution of cash register equipment. Actions of the ministry, the Association, “RAPCaT-Centre” Ltd., and the research institute on the market of cash register equipment were clearly coordinated. Representatives of these organisations regularly attended each other’s sessions of decision-making bodies, meetings and conferences and were engaged in active correspondence.

“Economic entities willing to include a new modal of cash register equipment in the State Register were forced to undergo three stages of expert examination”, said the Head of the FAS Russia’s Cartel Department Alexander Kinev. “First, a so-called voluntary certification, the cost of which was 500,000 Rubles, at “RAPCaT-Centre” Ltd., then expert examination at the Research Institute of Ferrous Metal Industry, and the Expert Council at the Ministry of Industry and Trade”.

Investigating the case, FAS Russia has discovered that the income gained by the respondents to the case - “RAPCaT-Centre” Ltd., the Russian Association of Manufacturers of Cash-Register Equipment (RAPCaT) and “Bardin Research Institute of Ferrous Metal Industry” – from implementing the works for including cash register equipment to the State Register exceed the income established as the qualifying sign of violating Article 178 of the Criminal Code of the Russian Federation. Taking these circumstances into account, the case file will be transferred to the law enforcement bodies.

Reference:

Clause 4 Article 16 of the Federal Law “On Protection of Competition” prohibits agreements between federal executive bodies and economic entities if such agreements lead or can lead to restricting market entry or market exit, or eliminating economic entities from the market.

Under Clause 18 Part 1 Article 4 of the Federal Law “On Protection of Competition” an agreement means written arrangements put in a document or several documents, or oral arrangements.