Court Confirmed Validity of FAS Decision on Rosimuschestvo
OREANDA-NEWS. On August 03, 2009 the Moscow Arbitration Court confirmed validity of the decision and determination issued by the Federal Antimonopoly Service (FAS Russia) regarding the Federal Agency for Managing State Property (Rosimuschestvo). The Antimonopoly Service found that the Agency violated Clause 1 Article 7 of the Law of the Russian Federative Republic (RSFSR) on Competition and restricting Monopolistic Activities on the Goods Markets. The Law prohibits the authorities to exercise actions that restrict independence and create discriminatory conditions for separate economic entities, reported the press-centre of FAS Russia.
FAS Russia applied the law of RSFSR because Rosimuschestvo committed the offence before the Law on Competition came into force in 2006. The current Law has a similar legal norm (Part 1 Article 15).
The case was initiated upon a petition of "Passazhirsky port" OJSC.
On 20th March 2009, FAS Russia concluded that Rosimuschestvo violated the antimonopoly legislation. The FAS Russia's Commission established that the Federal Agency gave advantages to "Inter Finance Technologies" Ltd. for the lease contract for the building of the North River Boat Station in Moscow, which was given to the "Resours" Federal State Unitary Enterprise without competitive bidding. This resulted in restricting competition.
The Antimonopoly Service issued a mandatory determination to Rosimuschestvo, requesting to terminate the lease contract between the Federal Agency, the "Resours" Federal State Unitary Enterprise and "Inter Finance Technologies" Ltd.
The FAS Russia's Commission also forwarded the materials about the lease contract between the "Resours" Federal State Unitary Enterprise and "Inter Finance Technologies" Ltd. for maintenance and operation of the central and local piers of the North River Boat Station to the General Prosecutor's Office of the Russian Federation.
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