OREANDA-NEWS. August 08, 2011. The Federal Arbitration Court of the Far East District obligated “Russian Post” to pay 6,559,000 Rubles to the budget as a fine for abusing dominance on the market of postage services, reported the press-centre of FAS Russia.

“Russian Post” was fined for attempting to impose disadvantageous conditions of a contract for postage services upon “Rostelecom” OJSC requiring additional payment for delivering registered mail. “Russian Post” also sent draft contracts comprising the provision about additional payments for delivery of registered mail to legal entities in Khabarovsk (198 contracts were concluded). As a result, “Russian Post” put economic entities in an unequal position in comparison with legal entities located in other residential areas of the Khabarovsk region and created discriminatory conditions.

“Russian Post” violated the pricing procedures established by normative legal acts because the rates for registered mail approved by the Federal Tariff Service of the Russian Federation already include the costs for delivering registered mail.

“Russian Post” filed a lawsuit to the Khabarovsk Regional Arbitration Court challenging the determination of the antimonopoly body about imposing the fine, with follow-up hearing at the 6th Arbitration Appeal Court. Finally, on 27th July 2011 the Federal Arbitration Court of the Far East District upheld the determination about imposing the administrative fine.

“Russian Post” Federal State Unitary Enterprise is a holder of natural monopoly and therefore is obligated to ensure non-discriminatory access of economic entities to postal services. To avoid adverse consequences – such heavy administrative fines - “Russian Post” should build up its relations with the counteragents with due care and attention”, commented Deputy Head of Khabarovsk OFAS Russia, the Head of the Antimonopoly Control Department, Nikolai Kostromeev.

Reference:

Article 10. Prohibiting economic entities abusing market dominance

1. Prohibits actions (omissions) by an economic entity with dominant position, that have resulted or can result in preventing, restricting, eliminating competition and (or) infringing the interests of other persons, particularly, the following actions (omissions):

3) imposing disadvantageous contract conditions upon a counteragent or conditions irrelevant to the contract subject (economically or technologically unjustified and (or) directly not provided for 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 authorised federal executive bodies or judicial acts requirements to transfer financial means, other property, including property rights as well as a consent to conclude a contract subject to including provisions regarding the goods, in which a counteragent is not interested, and other requirements);

8) creating discriminatory conditions;

10) violating pricing procedures established by normative legal acts.