FAS drew attention to the unfair collusion of audit companies when participating in auctions
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For the first time, the FAS drew attention to the unfair collusion of audit companies when participating in the auction. One of the companies put up the minimum bid in terms of cost, outperforming others in terms of the price criterion. But according to non-price criteria, the applicant did not pass the competition. As a result, the victory remained to another company, with the best non-price criteria. According to experts, if the collusion is proven, the participants face turnover fines that can reach 4% of the proceeds. Moreover, there may be doubts about the impeccable business reputation with the risk of being excluded from the SRO, market participants emphasize.
At the beginning of the week, the Moscow Department of the FAS on its website announced the disclosure of an agreement between AF “Ural Union” (15th place in the rating of audit organizations RAEX) and “Consultingaudit “Ural Union”” on unfair participation in tenders for the provision of audit services for companies with state participation. According to the auditors interviewed by Kommersant, this happened “for the first time in many years.”
According to the FAS, when participating in the auction, Consultingaudit “Ural Union” submitted proposals to reduce the initial maximum price of contracts by 97% (33 times lower), because of which the other participants automatically received 0 points according to the price criterion and lost the tender. However, the company did not submit the necessary documents and information on non-price criteria, and therefore was deprived of the opportunity to conclude a contract. AF “Ural Union” did not submit proposals for price reductions and won tenders based on points based on non-price criteria.
According to the Federal Antimonopoly Service, companies resorted to a similar strategy in 29 competitions, as a result of which AF Uralsky Soyuz signed contracts for more than 41 million rubles. Among the customers were the Federal Property Management Agency, TTC Ostankino, Mosmetrostroy, the All-Russian Public Opinion Research Center. In the Ural Union group and the FAS did not respond to requests from Kommersant.
According to lawyers, such collusion can lead to turnover fines. Depending on how the violation is qualified by the antimonopoly authority, the amount of liability can be up to 15% of the offender’s proceeds, says Oksana Pavlukhina, Antimonopoly Practice Counsel at MEF Legal. Elena Kuznetsova, head of the Antimonopoly Law practice at the law firm Rustam Kurmaev and Partners, clarifies that for such a cartel the maximum fine can be half the initial value of the subject of the auction, but will not exceed 4% of the offender’s proceeds, notes Ms. Pavlukhina.
According to the companies’ reports for 2022, the revenue of AF Uralsky Soyuz amounted to 257 million rubles, Consultingaudit Uralsky Soyuz – 137 million rubles.
However, the consequences can be even more serious. According to Igor Buyan, a partner in the practice of audit services of B1 Group, “such behavior may become a reason to doubt the impeccable business reputation of an audit company, which, in turn, leads to exclusion from the SRO.”
One of the requirements for membership in the SRO is “the presence of an impeccable business reputation,” confirms the adviser of China Window Consulting Group Albert Trofimov. In the case of bringing an audit firm, for example, to administrative liability and imposing a fine on the part of the OFAS, he adds, the SRO can theoretically regard such a case as a basis for applying disciplinary measures and terminating membership.
At the same time, a more attentive attitude of the FAS to the audit market “will quickly clear it of unscrupulous players,” Kommersant’s interlocutors believe. FAS can “help fight comfortable auditors,” says Mr. Buyan. The regulator, he believes, “probably has more information about the results of tenders than the SRO, respectively, the service is able to make decisions more quickly.”
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