OREANDA-NEWS. February 03, 2009. The Federal Arbitration Court of the Moscow District reversed the judgment of the Moscow Arbitration Court and the ruling of the 9th Arbitration Appeal Court because their findings did not agree with the case circumstances and available evidence. The Cassation Court remanded the case for reconsideration to the Court of the First Instance, reported the press-centre of FAS Russia.

Earlier FAS Russia found that "RZhD" OJSC violated Part 1 Article 10 of the Federal Law "On Protection of Competition" (abusing dominant position on the goods market) and issued a determination to eliminate the violations.

"RZhD" OJSC violated the law by creating unequal conditions, infringing the interests of holders of owned or leased freight wagons, in offering services for scheduled maintenance and repair of these wagons in comparison with the conditions for repair of inventoried stock of "RZhD" OJSC as well as of the members of the same group of persons with "RZhD" OJSC.

Investigating the case, the FAS Russia's Commission, in accordance with the current regulations, analyzed and evaluated competitive environment on the market of services for depot and overhaul repair of freight wagons, which confirmed dominant position of "RZhD" OJSC.

The FAS Russia's decision is aimed at providing equal access of economic entities to railway repair facilities owned by "RZhD" OJSC.