The FAS He announced the disclosure of the largest cartel in Russia. According to the department, dozens of textile factories have united to participate in the tender for the supply of clothing for the needs of the Interior Ministry, FSB and customs totaling 3.5 billion rubles.
During the FAS investigation examined the actions of 118 companies, 90 of them They were found guilty of violating the law on protection of competition, according to FAS. « Some of these companies affiliated with each other”, -. The representative of the FAS press service
According to the agency, in collusion conditions held 18 public auctions, totaling more than 3.5 billion rubles. «It is almost all sewers who recently took part in a competition for the supply of clothing for the Ministry of Internal Affairs”, – told RBC director of one of the companies accused of cartel. Head of FAS Cartel Andrew Tenishev confirmed RBC that information, make a reservation, that there were several companies whose involvement was not possible to prove the cartel.
«[ Real] price proposals submitted more frequently [just] one organization, despite the fact that the auction was attended by 11 to 40 companies, and the rest refused to fight for the victory of the “right” party and to maintain prices “, – noted in the report on the FAS website. The participants of the cartel developed a “quota” system for participants in the collusion, “quotas” were calculated based on the initial price of the contract in proportion to the number of participants, said Andrew Tenishev.
«Quotas» could get exchange or accumulate. After accumulating a certain number and reach agreements with the other members of the cartel is one of collusion could become a “contract holder” for auction “, – says Tenishev. Expand the FAS scheme of the cartel helped the recognition of some of its members, who testified on the conditions of release from liability. In addition, according to Tenisheva, proof of collusion steel material correspondence between the collusion participants in which they were discussing who gets the victory in a particular tender, and the fact that some applications of various participants of the competition were presented with the same ip-addresses.
According to RBC, FAS, eight of the largest participants in the cartel – Moscow sewing company “Optima” and a garment factory “Paris commune”, Saint-Petersburg “Baltic manufactory”, “Clothing and fashion” and SUE “Beads” from Ivanovo region, Kizelovskaya garment factory “initiative” of the Perm Krai, the company “Hope” of the Nizhny Novgorod region and LLC “Industrial-sewing association” Yuzhanka “(Rostov region).
On the” Paris commune “website reported, that the factory produces for the Ministry of defense and Ministry of Interior white goods, as well as synthetic camouflage jersey “Digital.” Among the customers of the “Baltic factory” along with MES and MIA appear Federal Protection Service (FSO). On the orders of law enforcement agencies she sews summer and winter form, raincoats, vetrovlagozaschitnye costumes, cape and camouflage coveralls. PSHO “Yuzhanka” produces various kinds of garments of woolen cloths, for privates and officers Defense Ministry staff, the FSB and the Interior Ministry. Ivanovo CJSC “Clothing and fashion”, as reported on the website of the company, specialized in producing jackets, tunics and trousers, and coats of woolen fabrics for soldiers and officers of the state security agencies, including the Ministry of Internal Affairs, FSB, FSO and the Defense Ministry. The list of products Ivanovo same SUE “Beads” are mentioned signal vests, coats, capes, jackets, caps and suits for DPS and emergency workers
The representative of the largest light industry company in Russia -. Group of companies BTK Mr. Bolloev, one of the whose main activity is the production of uniforms, he said BTK has no relation to the situation and any requirements of the Federal Antimonopoly Service of the law on protection of competition, did not receive. Andrew Tenishev confirmed the absence of claims to the BTK.
According to “SPARK-Marketing”, from 2011, the company charged with conspiracy, concluded with the structures of the Interior Ministry contracts for the supply of clothing, shoes, sleeping bags, bed linen and other ware property of more than 7 billion rubles. The most lucrative for these companies began in 2015, when they won the tender for 3 billion rubles. It is to this period include procurement, while checking that Antimonopolschiki and revealed a conspiracy, he told RBC director of a company accused of involvement in the cartel.
«Yes, we did not participate in any collusion. I have many of these companies and know do not know “- outraged Mikhail Capito, director general of the association” Yuzhanka »
« The FAS found someone [of companies accused of conspiracy] information with a list of companies where they were. listed share [to get each of them] – the director of the enterprise, the accused in the cartel, on condition of anonymity. – But let’s look at it another way. No contract for several hundred million rubles a person fails to comply. There is a contract holder, and the rest are working with him to subcontract. This is normal in general practice. »
In the FAS press service RBC clarified that in respect of companies found guilty of violation of competition law, be instituted administrative proceedings, in which they face a fine of 10 to 50% of the initial maximum value of Bid. “The decision by officials to institute against them a criminal case will take the Interior Ministry”, – told RBC, the press service of FAS
In an interview with RBC Tenishev said that the Antimonopoly Service believes that the collected data indicate. criminal offenses the cartel and the signs of a criminal association. “It is for these two articles – 178 and 210 of the Criminal Code – and we will ask the Ministry of the Interior to initiate criminal proceedings”, – said Tenishev
Create visibility competition in trading in Russia is not uncommon, commented the company’s managing partner Westside. Advisors Sergey Vodolagin. According to him, the distribution of roles between bidders fall under item 2 Part 1 Article 11 of the Federal Law “On Protection of Competition”, as, in fact, a kind of cartel. “For legal entities administrative liability in the form of heavy fines. Individuals may be involved not only administrative, but also criminally liable, – Vodolagin notes. – In this case, when the contracts were concluded on the billions of dollars, to attract the perpetrators (usually managers) criminal responsibility is very likely if the law enforcement agencies will be able to prove their guilt. St.178 Criminal Code “restriction of competition” includes the presence of a particularly large damage (in relation to this article – 30 million rubles.), Caused by the cartel agreement, the maximum liability in the form of imprisonment for up to six years, with disqualification to hold certain positions for a period up to three years. ”
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