OREANDA-NEWS. December 29, 2008. The 9th Arbitration Appeal Court dismissed the claim of "Sibirtelecom" OJSC and confirmed legitimacy and relevance of the decision and determinations issued by the Federal Antimonopoly Service (FAS Russia), reported the press-centre of FAS Russia.

On 24th January 2008 года, the Federal Antimonopoly Service (FAS Russia) found that "Sibirtelecom" OJSC violated Clause 3 Part 1 Article 10 of the Federal Law "On Protection of Competition" (abusing dominant position).

The case was processed upon a petition of "Svyaz-Service" CJSC that "Sibirtelecom" OJSC attempted to impose contract conditions for connecting telecommunication network that were unfavourable for "Svyaz-Service" CJSC and contravened the current legislation.

"Sibirtelecom" OJSC violated the law by disconnecting the network of "Svyaz-Service" CJSC during precontractual disputes, due to which "Svyaz-Service" CJSC was unable to provide telecommunication services in accord with the license provisions.

In the opinion of "Sibirtelecom" OJSC, disconnecting the telecommunications network of "Svyaz-Service" CJSC during precontractual disputes was justified because at the time of disconnecting the operators did not have a contract for connecting and interacting telecommunications networks.

The current regulations do allow disconnecting communications operators from the public communication network.

Having investigated the case, FAS Russia found that "Sibirtelecom" OJSC violated the antimonopoly legislation and issued a determination to eliminate the violations.

"Sibirtelecom" OJSC" filed a claim to the Arbitration Court and then appealed to the Appeal Instance. The Courts, however, confirmed the rightness of the Antimonopoly Service.