FAS initiated a case against the regional operator for the treatment of municipal solid waste «Magnit»

03.02.2022
FAS initiated a case against the regional operator for the treatment of municipal solid waste «Magnit»

The regional operator is suspected of violating the law on protection of competition when conducting tenders for the collection and transportation of garbage. According to the press service of the Federal Antimonopoly Service, OOO Magnit creates obstacles for other companies to enter the commodity market.

It is noted that the check was carried out after the receipt of a complaint from the Polygon company about the actions of the regional operator. The Antimonopoly Service determined that during the organization of the auction there was no information that would allow a potential participant to determine the costs of transporting MSW.

Based on the results of the consideration of the complaint, the department established that Magnit had generated documentation for holding tenders for the collection and transportation of MSW, which contained signs of a violation of the Law on Protection of Competition.

A number of conditions are indicated in terms of additional requirements for auction participants, and there is no information that allows a potential participant to determine the costs of transporting MSW.

Two applications were received for participation in the electronic auction - Ecos LLC and Ecotechprom LLC. Ecos LLC was declared the winner.

At the same time, the MSW transportation market is competitive, which is confirmed by the presence of a potential participant who filed a complaint.

Thus, there are indications that Magnit LLC deliberately formed the tender documentation in such a way that the terms of the contracts were unenforceable and economically unprofitable for potential participants.

FAS initiated a case on violation of antimonopoly law against the company. The trial is scheduled for February 9th.

According to TASS, last year the prosecutor's office of the Omsk region during the audit did not confirm the economic feasibility of the costs incurred by the regooperator and Ekos when transporting waste in 2019. In particular, according to the prosecutor's office, the tariff included the cost of garbage collection from all, including hard-to-reach, settlements in the region. But in fact, a number of settlements were not provided with this service. Also, non-existent sources of waste generation were included in the territorial scheme, which were taken into account when forming the tariff. In March 2021, following the results of the audit, the supervisory agency filed a lawsuit against the regional energy commission of the Omsk region to cancel the order setting the tariff for 2021. At the moment, the decision of the court has not yet been made.

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