Court Dismissed Claim of Vnukovo-Invest on Fine Imposed by FAS
OREANDA-NEWS. May 07, 2009. The 9th Arbitration Appeal Court dismissed the claim "Vnukovo-Invest" CJSC and confirmed validity of the fine imposed by the Federal Antimonopoly Service (FAS Russia), reported the press-centre of FAS Russia.
On 24th September 2008, the Federal Antimonopoly Service (FAS Russia) fined "Vnukovo-Invest" CJSC 1,786,416 Rubles for abusing dominant position on the market of parking services.
Earlier FAS Russia initiated proceedings against "BRK Invest Limited" CJSC, "AirHotel Domodedovo" CJSC and "Vnukovo-Invest" CJSC for elements violating Article 10 of the Federal Law "On Protection of Competition" (abusing dominant position). Cases against the companies were initiated following the joint inspections by FAS Russia and the Moscow Office of FAS Russia of parking services in Sheremetyevo, Domodedovo and Vnukovo airports. The inspections were organised in relation to numerous complaints from citizens about high parking prices in the above airports and payment charged with rounding up the parking period to an hour.
Having analysed the market of short-term car parking services in the airports and the inspection findings, FAS Russia established that the companies in question provide short-term car parking services in the above airports and have dominant position on the market of relevant services.
FAS Russia found that "Vnukovo-Invest" CJSC violated Clauses 1 and 3 Part 1 Article 10 of the Federal Law "On Protection of Competition". In breach of the law, the company fixed monopolistically high price for the services of paid parking and infringed the interests of the users of the car parking services by imposing unfavourable conditions upon counteragents (payment charged with rounding up the parking period to an hour).
Under Article 14.31 of the Code of the Russian Federation on Administrative Violations, such antimonopoly violations are punishable by аn administrative fine in the amount of 1 - 15 % of the company's proceeds on the market where the violation was committed.
"Vnukovo-Invest" CJSC filed a lawsuit to the Moscow Arbitration Court and later appealed the judgement to the Appeal Instance. The Courts, however, confirmed the rightness of the Antimonopoly Service.
The FAS Russia's decision came into force and the fine is payable to the federal budget.
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