The Moscow Arbitration Court Did Not Allow the Appeal of «RZhD»
OREANDA-NEWS. On March 26, 2007 the (the Arbitration Appeal Court confirmed validity of decision and determinations made by the Federal Antimonopoly Service (FAS Russia) on "RZhD" OJSC, reported the press-centre of FAS Russia.
Previously FAS Russia found that the "Transcontainer" branch of "RZhD" had breached Clause1 Article 5 of the "Law "On Competition and Restricting Monopolistic Activity on Goods Markets".
The economic agent had breached the legislation by abusing its dominant position on the market of railway cargo transportation.
Instructions issued by the "Transcontainer" branch of "RZhD" (a division of West-Siberian Railways) - "On Graded Charges for Storing Loaded and Empty Containers at Omsk-Vostochny [Omsk-East] and Kleschikha stations" introduced graduated rates for storing loaded and empty containers.
The rates for storing containers upon arrival introduced by the Instructions were different from the rates set by the existing № 3 Tariff Guide of № 10-01 Schedule.
Having considered the case, FAS Russia ordered that according to the existing legislation "Transcontainer" should store goods in public spaces.
"RZhD" disagreed with the decision made by the antimonopoly authority and appealed.
The Moscow Arbitration Court did not allow the appeal of "RZhD".
The 9th Arbitration Appeal Court also dismissed the complaint of "RZhD" on recognizing invalidity of FAS Russia's decision and determinations.
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