OFAS recognized “Bashspirt” as violating competition law – Kommersant

The Office of the Federal Antimonopoly Service (FAS) for Bashkiria has established a violation of competition law in the actions of Bashspirt JSC. The case of an antimonopoly offense was initiated on the basis of materials received from the prosecutor’s office of the Kirovsky district of Ufa.

The department noted that for two years and nine months, Bashspirt concluded most of the contracts with a single supplier. So, in 2020, more than 91% of such contracts (about 1.1 thousand) were signed, in 2021 – almost 96% (1.3 thousand), and in January-September 2022 – more than 96% ( 872 contracts).

The OFAS found that the holding’s management in the procurement regulation provided for cases when the purchase could be carried out from a single supplier, limiting the maximum contract value, but not setting an annual limit. The document also allowed “arbitrarily to conclude contracts with any supplier without competitive procedures”, provided that the cost of the purchase did not exceed the established limit. At the same time, documents confirming the purchase of goods, services or work performed could be a cash or sales receipt for payment or another document, that is, a receipt, etc. The OFAS concluded that this created “an opportunity to withdraw money from organizations using dubious reporting documents.

Following the consideration of the antimonopoly case, Bashspirt was issued an order on the need to stop violations by October 1, 2023. The company is obliged to amend the procurement regulations and notify the OFAS within five days.

It is noted that on June 7, the holding sent a draft new procurement regulation to the antimonopoly service, which indicated its readiness to exclude anti-competitive norms from the document.

JSC “Bashspirt” is 100% owned by the republic. The revenue of Bashspirt in 2022, according to SPARK-Interfax, amounted to 6.3 billion rubles, net profit – 31 million rubles.

Natalia Balykova, Ufa