Palmira Volga LLC has filed a cassation appeal in a dispute with a beer manufacturer regarding the recovery of discounts granted to retail chains.
The decision on this claim is of fundamental importance for the market for goods of general daily demand. Satisfying the requirements of Palmira Volga LLC to the beer producer JSC AB INBEV EFES can create a dangerous precedent and change the established rules of the game. The distributor is trying to get more than 700 million rubles.
The court in the trial in the first instance refused the plaintiff, indicating that the discounts are the commercial risk of the distributor, and the possible discount offered by the manufacturer in the contract is strictly advisory. The court also emphasized that the Federal Antimonopoly Service of the Russian Federation limited the size of all incentive payments to 5%. The decision did not suit the plaintiff, but the next instance agreed with the decision of colleagues. In the appeal, the consideration of the case was postponed several times, the position of the plaintiff was requested on previously unexamined evidence, but nevertheless the decision was made in favor of the manufacturer.
Now it has become clear that Palmira Volga LLC has decided to go all the way and will appeal against the decisions of the courts in the next instance - in cassation. In accordance with the file of arbitration cases, the meeting to consider the cassation complaint was to be held on February 15, 2023, however, it was postponed to March 14, as it became known that SAMOLET TELECOM LLC, a co-plaintiff, also filed an independent complaint. The issue of accepting a complaint for proceedings on February 15, 2023 not resolved, in connection with which the court postponed the hearing to a later date.
The claim of the distributor threatens to destroy the shaky scheme of interaction between manufacturers and intermediaries in the market. Now the sale and sale are carried out according to the distribution scheme, distributors enter into contracts with manufacturers, purchase goods and sell them, providing various additional services. The influence of the manufacturer on the final price is minimal.
FAS, in order to balance the rights of the parties, limited the amount of remuneration of intermediaries to 5% of the cost of goods, so that distributors do not put pressure on the manufacturer, demanding payment for additional services.
The distributor, in accordance with the law, has the right to demand only those discounts and compensations that are agreed upon in the contract, all other promotional actions, final decisions are the commercial risk of the intermediary. Discounts that the manufacturer sets or adjusts allow you to adjust to market changes, but the risk lies with the intermediary.
Now the distributor is trying to recover the amount of discounts provided by the manufacturer to retailers, moreover, after 4 years of the contract. It is worth noting that AB INBEV EFES JSC operates on the Russian market under sanctions, creating 4,000 jobs.
Subscribe to our telegram channel.
We will be happy to provide you with legal assistance regarding the minimization of legal risks and available opportunities. We will try to find a solution that is right for you.
Call +7 (383) 310-38-76 or write to info@vitvet.com.
We recommend that you read our blog dedicated to legal and judicial cases (arbitration practice) and read the materials in the "Articles" section.
Our law firm provides various legal services in different cities of Russia (including Novosibirsk, Tomsk, Omsk, Barnaul, Krasnoyarsk, Kemerovo, Novokuznetsk, Irkutsk, Chita, Vladivostok, Moscow, St. Petersburg, Yekaterinburg, Nizhny Novgorod, Kazan, Samara, Chelyabinsk, Rostov-on-Don, Ufa, Volgograd, Perm, Voronezh, Saratov, Krasnodar, Togliatti, Sochi).
We will be glad to see you among our clients! Call or write right now!
Phone +7 (383) 310-38-76
Email info@vitvet.com
Law firm "Vetrov and partners"
more than just legal services
WhatsApp
Telegram