OREANDA-NEWS  On 03 June was announced, that the Federal Arbitration Court of the Moscow District dismissed the cassation appeal of "Summa Telecom" OJSC and upheld the rulings of the Moscow Arbitration Court and the 9th Arbitration Appeal Court that invalidated No.4-RCh/2007 tender for obtaining the licences for mobile telephone communications.

The lawsuit was filed by the antimonopoly body on the basis of the FAS Russia's decision of 15th August 2007. FAS Russia found that Rossvyaz (the Federal Communications Agency) violated Article 17 of the Federal Law "On Protection of Competition". The tender documentation, devised by Rossvyaz, included provisions, according to which the bidders, that already had licenses for providing communications services in the lot area, were given absolute advantages. As a result, most of the lots were won by "Summa Telecom" OJSC.

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

The Courts of the First and Appeal Instances pronounced that creating advantageous position for certain bidders constitutes the grounds for invalidating the tender. The Appeal Instance confirmed validity of the ruling. Now the Cassation Court supported the Courts of lower instances and irrevocably confirmed the rightness of the Antimonopoly Service.

Documentation approved by Rossvyaz was used for organising four tenders. Earlier the Federal Arbitration Court of the Moscow District invaliditated No.6-RCh/2007 tender. The hearings on Nos.5-RCh/2007 and 7-RCh/2007 tenders will take place on 16th June.

FAS Russia also filed a lawsuit to the Arbitration Court on withdrawing the licences granted to the winners of the tenders, conditions of which were pronounced unlawful.