OREANDA-NEWS. April 14, 2009. The 9th Arbitration Appeal Court dismissed the appeals of "Summa Telecom" Ltd. and upheld the rulings of the Moscow Arbitration Appeal Court, which invalidated tenders No.5-RCh/2007 and No.7-RCh/2007) for the licenses for providing services of mobile telephone communications, reported the press-centre of FAS Russia.

The Federal Service for Supervision of Communication and Mass Communications (Rossvyazcomnadzor) withdrew the appeals and the 9th Arbitration Appeal Court terminated the proceedings.

The case was processed upon a lawsuit of the antimonopoly body, filed on the basis of the FAS Russia's decision of 15th August 2007 when FAS Russia found that Rossvyaz violated Article 17 of the Federal Law "On Protection of Competition". The tender documentation formulated by Rossvyaz included some provisions according to which the bidders that had licenses for providing communication services in the lot area were granted unconditional advantages.

Having investigated the case, FAS Russia found that Rossvyazviolted the antimonopoly legislation and filed a lawsuit to the Arbitration Court on invalidating the tender.

The Court of the First instance ruled that creating advantageous conditions to some tender participants constituted the grounds for invalidating the tender. The Appeal Instance confirmed legitimacy of such a ruling.

On 10th March 2008 the 9th Arbitration Appeal Court dismissed the appeal of "Summa Telecom" Ltd. and upheld the ruling of the Moscow Arbitration Appeal Court, which also invalidated tenders No.4-RCh/2007.

Now FAS Russia will file a lawsuit to the Arbitration Court on annulling the licenses granted to the winners of the tenders, conditions of which were ruled unlawful.