Company that belongs to Rothenberg's structures found guilty of cartel collusion
The FAS accused Transstroymehanizatsiyu of collusion in the reconstruction of airports the damage of which amounted 24.7 billion rubles ($ 390 million).
The Federal Antimonopoly Service found companies Transstroimekhanizatsiya (83.99% of the company belongs to Mostotrest group controlled by Arkady Rotenberg) and Trest Kamdorstroy (according to SPARK database, 25.25% of the company is owned by the State Property Committee of Tatarstan) guilty of cartel collusion during the construction and reconstruction of airports, a representative of the FAS told RBC.
In mid-January, it transpired that the FAS revealed a cartel collusion in the construction of six or seven Russian airports, the overall damage of which amounted of 24.7 billion rubles. The agency initiated a case against these two construction companies. In the course of the investigation, it was established that the collusion was related to tenders for the second stage of the reconstruction Sheremetyevo Airport, the second stage of construction of the Nizhny Novgorod airport, the reconstruction of the complex Novy in Khabarovsk, the covering of the runways with the replacement of the light-signal equipment at the Voronezh and Volgograd airports, and the modernization of the airport of Yuzhno-Sakhalinsk, a FAS employee told RBC.
According to him, both companies confessed to the organization and participation in collusion under the program of mitigation of responsibility. “The program of mitigation assumes a discharge from liability for the company which first confessed to participating in the cartel and provided information that FAS did not have. Regarding the second company, its administrative liability will be mitigated,” the antimonopoly service said in its response. Which company was the first to acknowledge participation in the collusion and how much responsibility of the second one will be mitigated was not specified.
“Our task is not to punish the violators as harshly as possible, but to quickly and effectively curtail breaches of the law and restore competition in the market,” said Andrey Tsarikovsky, the deputy head of the Federal Antimonopoly Service (his comment is provided in the statement published by FAS).
“If the companies did not use the mitigation program, they would face a fine of up to 50% of the contract value, but not more than 0.04% of the proceeds,” says the head of the antitrust practice of the law firm Art De Lex, Irina Akimova.
According to SPARK database, the revenue of Trest Kamdorstroy for 2016 amounted to 5.12 billion rubles ($ 81 million); the data for 2017 is not yet available. Transstroymekhanizatsiya does not disclose its financial results.
Initially, the defendants in the case had been charged with embezzlement through swindling in the amount of 225 million rubles ($3.3 million). In the final version of the indictment, the article was changed to 1.5-billion-ruble ($22.45 million) embezzlement.