The Federal Antimonopoly Service (FAS Russia) recognized that the Municipal Property Department of the Volgograd Authority, violated Article 17 of the Federal Law «On Protection of Competition».
The case was initiated upon a petition of «Voda Rostova» OJSC and a self-regulated organization «Russian Organization of Water Supply and Water Drainage».
FAS Russia established that on 29th December 2007 the Volgograd Authority published on its Internet site a notice on the open tender for leasing the facilities of water-and-sewage and heat distribution networks. According to FAS Russia, certain provisions in the tender documentation contained discriminatory conditions and might have restricted competition between the bidders. For instance, combining in the same lot the facilities of water-and-sewage and heat distribution networks deprived the companies involved, for example, in the water supply business, from participation in such a tender.
The provision in questions also related to actual reduction of the bidding period, failure of the tender organizers to provide information necessary to prepare a bid, as well as including in the tender documentation the requirements to the bidders that are not stipulated by the current legislation.
