OREANDA-NEWS. September 10, 2009. The Forth Arbitration Appeal Court confirmed legitimacy of the decision and determination issued by the Office of FAS Russia in the Yakutia Republic (the Yakutia OFAS Russia) regarding "Yakutia Railways" OJSC, reported the press-centre of FAS Russia.
 
In December 2008 Yakutia OFAS Russia found that "Yakutia Railways" OJSC violated Clause 10 Part 1 Article 10 of the Federal Law "On Protection of Competition" (breaching the pricing procedures established by normative legal acts).

The case was initiated upon a petition of "RL" OJSC. "Yakutia Railways" OJSC violated the law by unreasonably charging the company for using cars when they were running on the loading-unloading route.

In 2007 the Federal Tariff Service (FTS Russia) approved the Tariff Regulations for "Yakutia Railways" OJSC on charging fess and tariffs for the services of cargo carriage. It did not include expenses of "Yakutia Railways" OJSC for maintenance and use of the car fleet as "Yakutia Railways" OJSC does now own or hire cars.

The Yakutia OFAS Russia concluded that under the existing legislation and the contract the transport operator is responsible for delivering cars to the loading station as part of the carriage process. Therefore, the fee for the services of cargo carriage must be charged in accordance with the Tariff Regulations: without any additional charges for the time of running on the loading-unloading route. By charging an additional fee, "Yakutia Railways" OJSC, effectively increased the cost of services for carriage in breach of the antimonopoly violation.

Having processed the case, the Yakutia OFAS Russia issued a determination to "Yakutia Railways" OJSC to stop violating the antimonopoly legislation and to transfer the income, obtained as a result of antimonopoly violations, to the federal budget.