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DECISION OF BOARD OF THE EURASIAN ECONOMIC COMMISSION

of May 28, 2024 No. 61

About availability of violation of general competition rules in the cross-border markets

The board of the Eurasian economic commission (further - the Commission) according to subitems 3 and 4 of Item 10 of the Protocol on the general principles and competition rules (appendix No. 19 to the Agreement on the Eurasian Economic Union of May 29, 2014) (further respectively - the Protocol, the Agreement), Items 44 and 45 of the Procedure for the hearing of cases on violation of general competition rules in the cross-border markets approved by the Decision of Council of the Eurasian economic commission of November 23, 2012 No. 99 (further - the Procedure for hearing of cases), considered question of violation of general competition rules in the cross-border markets on the case of violation of general competition rules in the cross-border markets of wholesale of veterinary medicines and feed additives (further - case).

By results of consideration of case papers, based on provisions of the international treaties and acts entering the right of the Eurasian Economic Union in the field of the competition, having studied the actual facts of the case and conclusions of the commission on consideration of the case provided in descriptive and motivation parts of this Decision according to appendix, being guided by the Calculation procedure and procedure for imposing of penalties for violation of general competition rules in the cross-border markets approved by the Decision of Council of the Eurasian economic commission of December 17, 2012 No. 118 (further - the Calculation procedure and procedure for imposing of penalties), the Board of the Commission SOLVED:

1. Recognize:

a) availability of violation of Item 5 of article 76 of the Agreement expressed in the conclusion of the agreements containing regulations on restriction of the territory of sales and realization of these market positions of wholesale of the veterinary medicines and feed additives which entailed the Section of the goods market by the territorial principle, from outside:

Belfarmakom limited liability companies (The Russian Federation, the Belgorod Region, Belgorod, st. on August 5, 2, to. And, PSRN 1083123013489, registration date - on August 6, 2008, INN 3123184191) (further - Belfarmakom LLC) during the period from July 25, 2016 to December 31, 2022;

Podgornova P. A., the official of Belfarmakom LLC during the period from November 6, 2020 to October 19, 2021 (personal data are not published);

A.N. homeland, the official of Belfarmakom LLC during the period from October 6, 2021 on end date of consideration of the case (personal data are not published);

the Belyodobrom unitary enterprise (The Republic of Belarus, the Minsk Region, Smolevichsky district, with/with Ozeritsko-Slobodsky, the agrotown the Settlement, Ulitsa Orshansk, 15, RN 190252937, registration date - on June 28, 2001, UNP 190252937) (further - Belyodobrom Unitary Enterprise) during the period from July 25, 2016 to December 31, 2022;

Kozlowski V. B., the official Belyodobrom Unitary Enterprise during the period from July 25, 2016 to December 31, 2022 (personal data are not published);

b) lack of the bases for the termination of consideration of the case concerning persons specified in the subitem "an" of this Item;

c) lack of violation of Item 5 of article 76 of the Agreement from Kalugina S.A., the official of Belfarmakom LLC, and based on the subitem 1 of Item 46 of the Procedure for hearing of cases to stop concerning its consideration of the case;

d) lack of violation of the subitem 3 of Item 3 of article 76 of the Agreement from Plant Veterinary Medicines joint-stock company (The Russian Federation, the Vladimir Region, Gus-Khrustalny, Ulitsa Himzavodskaya, 2, of PSRN 1023300593216, registration date - on May 27, 1993, INN 3304001940) (further - JSC ZVP), Belyodobrom Unitary Enterprise, Belfarmakom LLC and their officials and based on the subitem 1 of Item 46 of the Procedure for hearing of cases to stop consideration of the case concerning specified persons.

2. Stop consideration of the case based on the subitem 4 of Item 46 of the Procedure for hearing of cases in the relation:

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