Court Dismissed Claim of Gormost on FAS Decision
OREANDA-NEWS. February 10, 2009. The Moscow Arbitration Court dismissed the claim of "Gormost" State Unitary Enterprise on invalidating the decision and determination of the Federal Antimonopoly Service (FAS Russia), in the part related to "Gormost", reported the press-centre of FAS Russia.
FAS Russia found that "Gormost" State Unitary Enterprise violated Article 16 the Federal Law "On Protection of Competition" by engaging in concerted actions with the Moscow Government, "Mosvodokanal" Moscow State Unitary Enterprise, the Moscow Department of the State Road Traffic Safety Inspectorate, of the Central Internal Affairs Directorate (GIBDD GUVD Moscow) and "Moskovskaya Gorodskaya Elekrosetevaya Kompania [Moscow City Electric Grid Company]" CJSC.
The case was initiated upon a petition from economic entities, which are involved in water use in the water area of the Moskva River on the basis of licenses and contracts for the use of water. The companies complained regarding the above governmental bodies and legal entities, whose actions prevented economic activities of market participants that use floating landing stages and other waterborne platforms in the water area of the Moskva river.
In April 2008, FAS Russia completed investigation of the case and found that "Gormost" State Unitary Enterprise violated Article 16 the Federal Law "On Protection of Competition". The Antimonopoly Service concluded that actions of this organization had the signs of concerted actions with the Moscow Government, "Mosvodokanal" Moscow State Unitary Enterprise, GIBDD GUVD Moscow and "Moscow City Electric Grid Company" CJSC, which resulted in ousting economic agents form the goods markets. In follow up of this decision, the Antimonopoly Service issued determinations to the parties, requesting them to stop the antimonopoly violations.
"Gormost" State Unitary Enterprise disagreed with the FAS Russia's decision and determination and unsuccessfully attempted to appeal them in the part related to "Gormost". The Moscow Arbitration Court did not accept the "Gormost" argumentation and pronounced the FAS Russia's decision and determination legitimate and relevant.
Furthermore, having analyzed the case circumstances, FAS Russia imposed a "turnover" fine upon "Gormost" in the amount 3.6% of its proceeds. "Gormost" paid the fine in full.
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