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Pepeliaev Group’s antitrust practice has successfully proven the absence of a cartel agreement on the road construction market


The Novosibirsk Regional Office of the Federal Antimonopoly Service (the “FAS Novosibirsk Office”) initiated an antitrust case against NBS-Sibir LLC, SibDSK LLC, Dorstroy LLC and TsS LLC based on the signs of a cartel agreement being allegedly concluded and implemented to maintain prices during the tender. In the context of this case, the Regional Office of the Federal Antimonopoly Service used a number of indirect evidence, specifically the coinciding IP addresses of companies that had filed their price quotes and tender applications, the coinciding accounts of users who produced the applications, the fact that there were transactions and sub-contractor relationships between the companies, as well as other evidence.

Our lawyers from antitrust practice succeeded in convincing the FAS Novosibirsk Office that the above companies were not competitors as they carried out repairs of different nature and had various experience and industry-related permits to work. Moreover, the indirect pieces of evidence the FAS Novosibirsk Office submitted, both taken separately and in their integrity, did not demonstrate the existence or implementation of the cartel agreement between the companies as they stemmed from the objective factors which did not contradict the antitrust legislation. 

Having successfully elaborated the positions of four companies and implemented the defence strategy for clients during the session of the FAS Novosibirsk Office, Pepeliaev Group's team managed to have the antitrust case terminated owing to the absence of the offence signs. As a result, no sanctions were applied to NBS-Sibir LLC.

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