OREANDA-NEWS. December 18, 2008. The 9th Arbitration Appeal Court sustained the ruling of the Arbitration Court of First Instance and dismissed the appeal of "Resonans" Research-and-Production Enterprise" Ltd., confirming validity of the decision made by the Federal Antimonopoly Service (FAS Russia), reported the press-centre of FAS Russia.

In 2007, upon a petition of "Resonans" Research-and-Production Enterprise" Ltd., FAS Russia initiated proceedings against D.F.Ustinov NTO IKTs BGTU, "Yauza-10" Ltd., "KROS" ITTs CJSC, "EGO" NPP Ltd., "ASKB" NPP Ltd., "Arzamass Instrument-Making Plant" OJSC, "Komintern Novosibirsk Plant" Federal State Unitary Enterprise, and "TEKHKRANENERGO" PO CJSC.

According to the petitioner, the above economic entities disseminated false information by making the following joint statement: "release of various modifications of OGM-240 devices by "Resonans" Research-and-Production Enterprise" Ltd. without appropriate testing and permissions, whose capabilities to ensure safe work of weight carrying cranes reasonably cast serious doubts".

In the opinion of "Resonans" Research-and-Production Enterprise" Ltd., disseminating this statement could inflict damages to the company and harm its business reputation.

On 4th August 2008, FAS Russia terminated the case on violating Clause 1 Part 1 Article 14 of the Federal Law "On Protection of Competition", because D.F.Ustinov NTO IKTs BGTU, "Yauza-10" Ltd., "KROS" ITTs CJSC, "EGO" NPP Ltd., "ASKB" NPP Ltd., "Arzamass Instrument-Making Plant" OJSC, "Komintern Novosibirsk Plant" Federal State Unitary Enterprise, and "TEKHKRANENERGO" PO CJSC did not violate the antimonopoly legislation as the information disseminated in the joint statement was not false.

"Resonans" Research-and-Production Enterprise" Ltd. appealed the FAS Russia decision to the Moscow Arbitration Court, which dismissed the company's claim on 18th July 2008.

"Resonans" Research-and-Production Enterprise" Ltd. appealed the ruling of the Moscow Arbitration Court.

On 24th November 2008, the 9th Arbitration Appeal Court sustained the ruling of the Arbitration Court of First Instance and dismissed the appeal.