OREANDA-NEWS. September 28, 2009. The Moscow Arbitration Court dismissed the claim of "MGTS" OJSC and confirmed validity of the decision and determination issued by the Federal Antimonopoly Service (FAS Russia), reported the press-centre of FAS Russia.

Earlier FAS Russia found that "MGTS" OJSC violated Part 1 Article 10 of the Federal Law "On Protection of Competition" (abusing dominant position) and issued a determination to eliminate the violations.

The case was initiated upon a petition of "Sinterra" CJSC.

"Sinterra" CJSC and "MGTS" OJSC had a contract for local connection of telecommunication networks. Under the contract, the parties provide to each other services for traffic transmission in the АВС codes (the traffic transferred from providers of fixed-line telephony).

From 10th June 2008, "MGTS" OJSC, without any preliminary notice, stopped transferring the traffic of providers of mobile telephone communications, connected to "Sinterra" CJSC, through its local network. "Sinterra" CJSC asked "MGTS" OJSC to make changes to the contract to enable traffic transmission in the DEF codes (the traffic transferred from providers of mobile telephone communications).

Restricting traffic transfer from the network of "Sinterra" CJSC using strictly determined numeration resource is disadvantageous for "Sinterra" CJSC as it forces the company to buy more expensive services for call termination to a zone centre, and prevents "Sinterra" CJSC executing its contract obligations to other providers connected to the communication network of "Sinterra" CJSC, and does not enable "Sinterra" CJSC to efficiently use its own zonal network.

FAS Russia established that "MGTS" OJSC unreasonably refused to change the current contract with "Sinterra" CJSC on connection and interaction between telecommunication networks to enable traffic transmission in the DEF codes, because transfer of such traffic does not breach the existing legislation. Also "MGTS" OJSC imposed a contract for arranging zonal connection and created discriminatory conditions in comparison with providers who are offered a possibility of transmitting this traffic via their network.

According to the FAS Russia's determination, "MGTS" OJSC must stop the violations; in particular the company should not unreasonably refuse to change the contract, and should not impose services upon "Sinterra" CJSC, in which the counteragent is not interested and create discriminatory conditions to certain service providers.