OREANDA-NEWS. July 11, 2013. The Supreme Arbitration Court (SAC) of the Russian Federation ruled not to submit to SAC Presidium the claims of “R-Pharm” CJSC, “ROSTA” CJSC and “PROTEK” Implementation Centre” CJSC for a supervisory review of the rulings passed by an Appeal Court and the Federal Arbitration Court of the Moscow District on a case against “R-Pharm” CJSC, “ROSTA” CJSC and “PROTEK” CJSC.

On 15th November 2011, the Federal Antimonopoly Service (FAS Russia) found that that “PROTEK” CJSC, “ROSTA” CJSC and “R-Pharm” CJSC violated Clause 2 Part 1 Article 11 of the Federal Law “On Protection of Competition”. FAS established that the companies were engaged in bid-rigging in the course of a medicine procurement tender, organized by the Ministry of Health Care and Social Development.

The FAS position was based mainly on a totality of indirect evidence, the most important of which was the conduct of the bidders.

The accused companies approached the Supreme Arbitration Court and requested to reconsider the rulings. Dismissing the claims, the Court concluded that the prohibited agreement between the companies was proved on the basis of particular case circumstances and the arguments put forward by the parties to the case.

“Thus, the Supreme Arbitration Court of the Russian Federation decisively drew a line in a bid-rigging case with regard to procurement of medicines for the needs of the Ministry of Health Care and Social Development, in which the largest Russian pharmaceuticals distributors took part”, said the Head of FAS Anti-Cartel Department, Alexander Kinyov.