Court Confirmed Validity of FAS Decisions concerning Koltsovo Airport
OREANDA-NEWS On 06 March was announced, that the Moscow Arbitration Court dismissed the claim of "Kol'tsovo" Airport" OJSC and confirmed validity of the decisions made by the Federal Antimonopoly Service (FAS Russia).
On 19th September 2008, the Federal Antimonopoly Service (FAS Russia) found that "Kol'tsovo" Airport" OJSC violated Article 10 of the Federal Law "On Protection of Competition" (which prohibits abusing dominant position) by unreasonably avoiding signing a contract. FAS Russia did not issue a determination because "Kol'tsovo" Airport" OJSC voluntarily eliminated the antimonopoly violations. FAS Russia, however, can impose administrative charges upon the company under Article 14.31 of the Code of the Russian Federation on Administrative Violations.
Earlier FAS Russia initiated a case against "Kol'tsovo" Airport" OJSC for violating Part 1 Article 10 of the Federal Law "On Protection of Competition". "Kol'tsovo" Airport" OJSC avoided signing a contract for ground and airport servicing of aircrafts in Yekaterinburg airport. The case was initiated upon a petition of "Siberia "Airlines" OJSC.
"Kol'tsovo" Airport" OJSC is a natural monopoly that has dominant position on the market of airport services in Yekaterinburg airport, and by unreasonable avoiding singing contracts with airlines for ground services of aircraft, "Kol'tsovo" Airport" OJSC violated the Federal Law "On Protection of Competition", because its actions infringed the interests of airlines.
As "Kol'tsovo" Airport" OJSC voluntarily eliminated the antimonopoly violations, FAS Russia did not issue a determination and confined itself to recognizing the fact of committing antimonopoly violation by the company.
"Kol'tsovo" Airport" OJSC appealed the decision to the Moscow Arbitration Court, which confirmed validity of decision made by the antimonopoly authority.
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