EPAM Competition Law Practice has protected an international flooring market leader by proving the anti-competitive nature of the franchising agreements and bonus programs of its competitor Tarkett, the largest Russian linoleum manufacturer.
Tarkett would enter into franchising agreements, which limited the distributors’ right to sell goods from other manufacturers.
EPAM has justified that the contractual restrictions constitute an abuse of dominance as they prevent Tarkett competitors from access to distributors – important flooring vending channels.
EPAM team has also proved to the FAS Russia that the bonus plans at Tarkett were anti-competitive (as compared to competitors). As they provided for bonus payments to retail stores for increased representation and sales of Tarkett linoleum. This resulted in coordination between various retail stores participating in the program, which is a clear violation of the Competition Protection Law.
EPAM Competition Law Practice team was headed by Partners Natalia Korosteleva and Evgeny Bolshakov, including Counsel Anna Arutyunyan, Senior Associate Igor Gavrilov, Associate Oxana Akhmedova and Junior Assoсiate Anastasia Berbeneva.