Arbitration Court Confirmed Legitimacy of Voronezh OFAS Russia
OREANDA-NEWS. December 29, 2010. Voronezh Regional Arbitration Court once again dismissed the claim of “TsentrTelecom” OJSC and confirmed validity of the decision and determinations issued by Voronezh OFAS Russia.
Earlier the Office of the Federal Antimonopoly Service in the Voronezh region (Voronezh OFAS Russia) found that “TsentrTelecom” OJSC violated the Federal Law “On Protection of Competition” by abusing market dominance.
The case was initiated upon a petition of “Kodotel” CJSC that on 10th September 2009 “TsentrTelecom” OJSC unlawfully terminated the traffic from “Kodotel” CJSC with A-numbers different from the numbers allocated to the petitioner.
The Commission of Voronezh OFAS Russia established that such actions of the provider - “TsentrTelecom” OJSC - that dominates the relevant market had not allowed connected communication providers to honour their contract obligations to their telephone communications subscribers, which ultimately had not only caused direct material looses – around 2,000,000 Rubles per month but also damaged the companies’ business reputation.
“TsentrTelecom” OJSC attempted to challenge the decision and determination of Voronezh OFAS Russia and filed a lawsuit. The Court of First Instance and the Appeal Court dismissed the claim of “TsentrTelecom” OJSC and confirmed legitimacy of the decision and determinations issued by Voronezh OFAS Russia. However, Cassation Court reversed the judgment of Voronezh Regional Arbitration Court of 18th January 2010 and the ruling of the 19th Arbitration Appeal Court of 21st May 2010 and forwarded the case for reconsideration to Voronezh Regional Arbitration Court with different judges.
At a new hearing, Voronezh Regional Arbitration Court examined the case file and again confirmed validity of the decision and determinations of Voronezh OFAS Russia.
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