OREANDA-NEWS. On April 06, 2007 the Moscow Arbitration Court confirmed validity of the decision and determination of the Federal Antimonopoly Service (FAS Russia) on the case against "RZhD" OJSC (abusing dominant position), reported the press-centre of FAS Russia. Earlier FAS Russia found that "RZhD" had breached Clause 1 Article 5 of the Law "On Competition and Restricting Monopolistic Activity on the Goods Markets".


The carrier - "RZhD" OJSC - breached the law and restricted the loading of timber cargo in low-sided cars by sending a telegram and issuing instructions, which also constituted a breach of the cargo transportation regulations.  According to the telegram, the carrier's actions were caused by the need to use a fleet of the platforms specially equipped for timber freight and to meet the "RZhD" target on loading timber cargo on the paltforms. In course of the case consideration, however, it was established that the carrier did not have special rolling stock (platforms with additional movable accessories for timber cargo transportation) as it was leased out to the third parties.

 
Introducing restrictions on loading timber cargo in the low-side cars infringed the interests of the economic entities willing to transport the goods in the low-side cars. Having considered the case, FAS Russia ordered "RZhD" to cancel the restrictions to transport timber cargo in the low-side cars that belong to the carrier. "RZhD" disagreed with the decision and determination issued by the antimonopoly authority and appealed. The ruling of the Moscow Arbitration Court confirmed validity of the FAS Russia's decision and determination on "RZhD".