OREANDA-NEWS. November 26, 2009. The 9th Arbitration Appeal Court confirmed validity of the Ruling of the Federal Antimonopoly Service (FAS Russia) on imposing a fine upon "RZhD" OJSC, reported the press-centre of FAS Russia.

Earlier FAS Russia fined "RZhD" OJSC 300,000 Rubles for failure to file a petition to the antimonopoly authority for a preliminary consent for a transaction.

"RZhD" OJSC failed to file a petition to the antimonopoly authority for a preliminary consent for a transaction. Instead, it notified FAS Russia about acquiring 80.5% voting shares of "Zarubezhstroitekhnologia" OJSC, which was in breach of Part 1 Article 28 and Part 2 Article 32 of the Federal Law "On Protection of Competition".

Under Part 3 Article 19.8 of the Code of the Russian Federation on Administrative Violations, legal entities that fail to file a petition to the federal antimonopoly body are punishable by a 300,000 to 500,000 Rubles administrative fine.

"RZhD" OJSC filed a lawsuit to the Moscow Arbitration Court asking to invalidate the FAS Russia's Ruling, and then lodged an appeal to the 9th Arbitration Appeal Court against the judgment of the Court of the First Instance. Both the Court of the First Instance and the Appeal Court confirmed the rightness of FAS Russia.