OREANDA-NEWS. November 07, 2014. In May – August 2014, FAS carried out a scheduled on-site inspection to verify whether “PEREKRIOSTOK” Trading House” CJSC observed the antimonopoly law. The inspection period: January 2013 - 8 August 2014.

In the course of the inspection, FAS obtained information from “PEREKRIOSTOK” Trading House” CJSC and from its suppliers of food products.

Analysis of documents and information in the course of the inspection leads to the following conclusions:

- “PEREKRIOSTOK” Trading House” CJSC submitted incomplete and incorrect data.

- The conditions of selecting suppliers, devised and published on the official web-site of the trading network formed by “PEREKRIOSTOK” Trading House” CJSC and the persons included in the same group of persons, are of general nature, are not specific and do not allow to make conclusions on possibility to enter in a supply contract with a particular supplier, because they do not take into account specifics of goods, regions of supplies, the scope of supplies, the needs of the trading network, as well as other factors that determine a decision to conclude a supply contract.

- Actions of “PEREKRIOSTOK” Trading House” CJSC to fix the size of remuneration for acquiring certain amount of goods at over 10% have signs of violating Part 1 Article 9 of No.381 Federal Law “On the Fundamental Principles of State Regulation of Trading Activities in the Russian Federation” of 28.12.2009.

- Fixing the amount of remuneration by “PEREKRIOSTOK” Trading House” CJSC for acquiring particular amount (volume) of goods from suppliers of food products based on the minimum commodity circulation by such suppliers negates the essence of remuneration that is aimed at increasing goods circulation.

- The parties’ liability in supply contracts is asymmetrical. Supply contracts provide only for supplier liability, while liability of “PEREKRIOSTOK” Trading House” CJSC is not specified in the supply contract and appendices to it.

- In some cases services provided by “PEREKRIOSTOK” Trading House” CJSC to suppliers of food products duplicate each other, duplicate its main activity and some of them do not have any value.

- Actions of “PEREKRIOSTOK” Trading House” CJSC that opened a store exceeding the 25% share of all sold food products in monetary terms in the previous financial year within the boundaries of Chekhov Municipal District, the Moscow District, have elements of violating Part 1 Article 14 of the Federal Law on Trade.

- Actions of “PEREKRIOSTOK” Trading House” CJSC to exercise wholesale trade using an agency agreement have elements of violating Clause 3 Part 1 Article 13 of the Federal Law on Trade.

FAS received objections and explanations from “PEREKRIOSTOK” Trading House” CJSC with regard to No.164 Inspection Act of “PEREKRIOSTOK” Trading House” CJSC of 08.08.2014.

“PEREKRIOSTOK” Trading House” CJSC also reported eliminating the violations of Article 9 of the Federal Law on Trade exposed in the course of the inspection and submitting supporting documents.

Upon the fact of “PEREKRIOSTOK” Trading House” CJSC submitting incorrect data at parts of the inspection FAS investigated an administrative case and fined the trading house 50,000 RUB, which the company paid.

FAS shall also initiate administrative proceedings upon other facts indicating that “PEREKRIOSTOK” Trading House” CJSC submitted unreliable and incomplete information in the course of the inspection.

FAS is preparing documents for a court case under the exposed elements of violating Article 14 of the Federal Law on Trade.

The work on evaluating whether the documents and data obtained through the inspection comply with Article 13 of the Federal Law on Trade continues and an additional analysis is required.