OREANDA-NEWS. August 30, 2011. The 9th Arbitration Appeal Court 23 upheld the judgment of Moscow Arbitration Court to pronounce legitimacy of the decision of the Federal Antimonopoly Service (FAS Russia), that established the fact of restricting competition on the market of payments by physical persons in Odintsovo as a result of anticompetitive agreements between eight economic entities, reported the press-centre of FAS Russia.

On 2nd August 2010, FAS Russia Commission found that the “Savings Bank of Russia” OJSC; “Odinbank” Municipal Commercial Bank” Ltd.; “Russian Post” Federal State Unitary Enterprise; “Information-and-Calculation Centre” Municipal Unitary Enterprise of Odinstovo Township, Odinstovo Municipal District, the Moscow Region; the “Housing Authority” Municipal Unitary Enterprise of Odinstovo Township, Odinstovo Municipal District, the Moscow Region; “Odinstovo Heating Network” OJSC, “Transinzhstroi” OJSC; and “Odinstovo Vodokanal” OJSC violated Pat 2 Article 11 of the Federal Law “On Protection of Competition”.

These organisations violated the law by concluding trilateral written agreements that approved the form of a payment document (a bill / statement), based on which residents of over 250 apartment blocks in Odinstovo, the Moscow Region, and must have paid for housing and utilities services.

Instead of the bank details of a beneficiary, on whose account the payment should be made, the payment document used identification bar-codes for each provider of housing and utilities services.

Due to the absence of bank details, credit organisations that did not participate in the trilateral agreements could not render services to the population in spite of having branches in Oditsovo as well as technical possibility and intention to render banking services for accepting and transferring monetary funds as payments for housing and utilities services.

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

The FAS Russia Commission, which at par basis comprised representatives of the Central Bank of the Russian Federation, concluded that such trilateral agreements had resulted in restricting competition on the market of payment for housing and utilities services.

In course of the investigation, the form of the payment document was changed to include all beneficiary bank details necessary for cash or non-cash payment. Therefore, the FAS Russia Commission acknowledged the fact of voluntary eliminating the antimonopoly violation and its consequences and did not issue a determination on the case.

“Odinbank” Municipal Commercial Bank” Ltd. disagreed with the decision of the FAS Russia Commission and filed a lawsuit to Arbitration Court. Other respondents to the case were brought in the judicial proceedings 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 Russia Commission.

“Odinbank” Municipal Commercial Bank” Ltd. lodged an appeal to the 9th Arbitration Appeal Court but it was not allowed.