Disputes with the antitrust authority. Novosibirsk region. The fact of interaction between the customer and the contractor before the conclusion of the contract. Recovery. Taking responsibility.
Novosibirsk airport "Tolmachevo" was unable to appeal the decision of the regional department of the Federal Antimonopoly Service to impose a fine of 35 million rubles for violating the law in the Arbitration Court of the Novosibirsk Region. This is stated on the site "Continent Siberia".
The reason for the investigation was the appeal of the transport prosecutor's office. In the summer of 2020, following the results of the auction, Tolmachevo Airport JSC, which is part of the Novaport holding, signed a contract with StroyCity LLC in the amount of 90 million rubles. The Contractor undertook to carry out the repair of roads and lanes at the airport for these funds.
According to the antimonopoly authorities, Airport Tolmachevo OJSC, wishing to limit the number of participants and conclude an agreement with a specific legal entity, included requirements in the tender documentation that reduce the working time. The antimonopoly authorities insist that the customer worked closely with the contractor in the performance of the contract prior to its conclusion.
As evidence, the Federal Antimonopoly Service read out to the court the correspondence between the airport specialist and the executors.
The regional department of the Federal Antimonopoly Service imposed a fine on the airport. They tried to appeal against the penalty, but the arbitration court rejected the petition. It should be remembered that initially the amount of the fine was twice as high, but the OFAS, given the situation with the pandemic, made significant concessions.
Such a case, however, like the rest in the region, demonstrates the activity of the antimonopoly authority in establishing violations of the law and bringing the perpetrators to justice.
But the conclusions do not end there. The Arbitration Court of the Novosibirsk Region, in our opinion, in most situations definitely stands on the side of the antimonopoly authority, and if so, then it becomes more and more difficult for businesses to challenge claims in the future.
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