OREANDA-NEWS. December 20, 2010. Arbitration Cassation Court in Nizhniy Novgorod upheld the rulings of the Court of First Instance and the Appeal Court, which confirmed validity and reasonableness of the decision and determination issued by the Office of the Federal Antimonopoly Service (Komi OFAS Russia) regarding “Aniv” Ltd., reported the press-centre of FAS Russia.

Earlier Komi OFAS Russia found that “Aniv” Ltd. violated Part 1 Article 10 of the Federal Law “On Protection of Competition” (abusing market dominance).

The Commission of Komi OFAS Russia established that “Aniv” Ltd., that owned the railway access in Choview Industrial Area (Syktyvkar), had prevented “Vorkuta Cement Warehouse” Ltd., which has in this area production facilities for packing and shipping cement to customers, to use the railway even on a paid basis. OFAS issued a determination to “Aniv” Ltd. obligating the company to provide “Vorkuta Cement Warehouse” Ltd. access to the railway.

“Aniv” Ltd. disagreed with the determination of the antimonopoly body and filed a lawsuit; however, it did not receive any support.

“Typically industrial areas in cities were built in the Soviet times by a single economic mechnism. Currently such industrial zones are owned by numerous private companies that pursue their own competing interest but should not infringe the interests of other entities abusing their dominant position”, explained Yaroslav Borduyg, the Head of Komi OFAS Russia.