OREANDA-NEWS. December 16, 2010. The Arbitration Court of the Komi Republic pronounced legitimacy and reasonableness of the RUB 100,000 turnover fine imposed by the Office of the Federal Antimonopoly Service in the Komi Republic (Komi OFAS Russia) upon “Inta Public Amenities [Intinsky Kombinat Blagoustroistva]” Ltd. for abusing dominance on the market of solid household waste disposal, reported the press-centre of FAS Russia.

On 26th August 2010, the District Arbitration Court also pronounced legitimacy of the decisions of Komi OFAS Russia on two antimonopoly cases.

“Inta Public Amenities” Ltd. violated Clause 3 Part 1 Article 10 of the Federal Law “On Protection of Competition” – abusing market dominance by imposing disadvantageous contract conditions upon a counteragent. The fine was 100,000 Rubles.

The court cases are based on the claims of two housing managing companies in Inta – “Tekhservcie” Ltd. and “Tekhcom” Ltd. Being involved in removal and disposal of solid household waste, “Inta Public Amenities” Ltd. obligated the managing companies to register the so-called passports of hazardous waste.

Komi OFAS Russia concluded that there were no legal grounds for imposing such duties upon housing companies and found that “Inta Public Amenities” Ltd. violated the antimonopoly law.

“Inta Public Amenities” Ltd. was issued a determination to eliminate the violations. The company executed the determination and stopped imposing disadvantageous and irrelevant functions upon the managing companies.

“Abusing market dominance has especially adverse effects in the housing-and utilities markets. Ultimately, the major injured party it not a company whose interests were infringed but the population additionally charged to cover all costs”, explained the Head of Komi OFAS Russia Yaroslav Bordyug.

Reference:

Clause 3 Part 1 Article 10 of the Federal Law “On Protection of Competition” prohibits actions (omissions) of economic entities with dominant market position that have resulted or can result in preventing, restricting or eliminating competition and (or) infringing the interests of other persons, particularly the following actions (omissions):

Imposing disadvantageous conditions upon a counteragent, or conditions irrelevant to the contract subject (economically or technologically unjustified and (or) requests to transfer financial funds or other property, including property rights, not provided for directly by the federal laws, normative legal acts of the President of the Russian Federation, normative legal acts of the Government of the Russian Federation, normative legal acts of the authorized federal executive bodies or judicial acts, as well as a consent to enter into a contract only upon a condition of including provisions regarding the goods, in which the counteragent is not interested, and other requests).