The Federal Antimonopoly Service of Russia (FAS) considered the creation of obstacles by the KYB Corporation and Daimler A.G. importers of original auto parts under their trademarks as violation.
Complaints were filed by Russian TMR import LLC and AVTOlogistika LLC – they bought auto parts abroad, marked with the defendants’ trademarks, and addressed to the right holders for permission to import them. However, KYB Corporation and Daimler A.G. did not consider these addresses.
FAS considered this as a violation of antimonopoly legislation and issued warnings to auto parts manufacturers. But the companies have not changed their policies.
As a result, FAS recognized KYB Corporation and Daimler A.G. guilty of unfair competition and issued orders to them to terminate anti-competitive actions.
“The decisions of the Service are precedent-setting opinion. For the first time, we recognized the obstruction of the activities of independent importers as a violation of antitrust laws. Some right holders abuse their exclusive rights by allowing some importers to import original products and discouraging others. This creates a discriminatory business environment for independent importers in Russia. We intend to suppress such unfair actions by means of antimonopoly response and are ready to form law enforcement practice in the absence of procedural certainty in considering applications of independent importers for the consent of the right holder to import goods on the basis of the Civil Code”, said Andrei Kashevarov, Deputy Head of FAS Russia.