Court Dismissed Claim of Koltsovo Airport on FAS Decision
OREANDA-NEWS. On June 11, 2009 the 9th Arbitration Appeal Court dismissed the claim of "Koltsovo" Airport" OJSC and confirmed validity of the decision issued by the Federal Antimonopoly Service (FAS Russia), reported the press-centre of FAS Russia.
On 19th September 2008, the Federal Antimonopoly Service (FAS Russia) found that "Koltsovo" Airport" OJSC violated Article 10 of the Federal Law "On Protection of Competition" (abusing dominant market position): "Koltsovo" Airport" OJSC unreasonably avoided entering into a contract. FAS Russia did not issue a determination because "Koltsovo" Airport" OJSC voluntarily eliminated the violation.
The case against Koltsovo" Airport" OJSC was initiated upon a petition of "Siberia" Airlines" OJSC. FAS Russia suspected that Koltsovo" Airport" OJSC violated Part 1 Article 10 of the Federal Law "On Protection of Competition": the company avoided signing a contract for ground and airport handling of "Siberia" aircrafts in Yekaterinburg airport.
"Koltsovo" Airport" OJSC is a natural monopoly. It has dominant position on the market of airport services in Yekaterinburg airport. When "Koltsovo" Airport" OJSC unreasonably avoids entering into contracts with airlines for ground aircraft handling, it violates the Federal Law "On Protection of Competition" because it leads to infringing the interests of airlines.
As "Koltsovo" Airport" OJSC voluntarily eliminated the antimonopoly violation, FAS Russia did not issue a determination and simply recognised the fact of violating the antimonopoly legislation by the company.
"Koltsovo" Airport" OJSC filed a claim to the Moscow Arbitration Court and later to the Appeal Instance. The Courts, however, confirmed the rightness of the Antimonopoly Service.
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