OREANDA-NEWS. February 22, 2011. Moscow Arbitration Court pronounced legitimacy of the decision of the Federal Antimonopoly Service (FAS Russia), which had established the fact of restricting competition on the market of payments from physical persons in Odintsovo, the Moscow region, as a result of anticompetitive agrements between eight economic entities, reported the press-centre of FAS Russia.

On 2nd August 2010, the FAS Russia’s Commission found that the “Savings Bank of Russia” OJSC; “Odinbank” Municipal Commercial Bank” (Ltd.); the “Russian Post” Federal State Unitary Enterprise; “Information-and-Payments Centre” Municipal Unitary Enterprise in Odintsovo, Odintsovo Municipal District, of the Moscow region; the “Housing Authority” Municipal Unitary Enterprise of Odintsovo Town, Odintsovo Municipal District, of the Moscow region; “Odintsovo Heat Network” OJSC; “Transinzhstroi” SEU” OJSC and “Odintsovo Water Services Company” OJSC violated Part 2 Article 11 of the Federal Law “On Protection of Competition”.

These organisation entered into trilateral written agreements approving the form of a payment document (bill / notice), based on which the residents of more than 250 apartment blocks in Odintsovo, the Moscow region, were obligated to pay housing-and-utilities services.

Instead of the payee’s bank details, according to which the payment should be made, the form of the payment document used bar codes for each supplier of housing-and-utilities services.

As bank details were not included in the form, credit organisations that did not join the trilateral agrements but had branches in Odintsovo and had technical possibility and were willing to accept and transfer payments for housing-and-utility services, nevertheless could not render such services.

In their turn, Odintsovo residents could pay for housing-and-utility services only in the “Savings Bank of Russia” OJSC; “Odinbank” Municipal Commercial Bank” (Ltd.) and the “Russian Post” Federal State Unitary Enterprise.

The FAS Russia’s Commission, comprising on parity basis representatives of the Central Bank of the Russian Federation, concluded that such trilateral agreements restricted competition in the field of payments for housing-and-utility services.

In course of the case investigation by FAS Russia, the form of the payment document was changed and included all payees’ bank details necessary for cash and non-cash payments. In view of this, the FAS Commission recognised the fact of voluntary elimination of the antimonopoly violation and its consequences and did not issue a determination to the respondents to the case.

“Odinbank” Municipal Commercial Bank” (Ltd.) disagreed with the decision of the FAS Commission and filed a lawsuit to the Arbitration Court. In course of judicial proceedings other respondents were brought to the case as the third parties.

On 14th February 2011, Moscow Arbitration Court dismissed the claim of “Odinbank” Municipal Commercial Bank” (Ltd.) and confirmed legitimacy and reasonableness of the decision made by the FAS Commission.