Highway Office of Krasnodar Region Violated Antimonopoly Law
OREANDA-NEWS. September 13, 2011. The Federal Arbitration Court of the Caucasus District upheld the decision of Krasnodar OFAS Russia regarding the Highway Office of the Krasnodar Region, reported the press-centre of FAS Russia.
In August 2010, Krasnodar OFAS Russia found the Highway Office of the Krasnodar Region violated Part 3 Article 15 of the Federal Law “On Protection of Competition”. The Highway Office assigned the functions and the rights of an executive body of a constituent territory of the Russian Federation to “Trans-Service” Ltd., in particular, the functions of weigh control of the vehicles transporting heavy-lift cargo on the highways owned by the Krasnodar region.
The Highway Office of the Krasnodar Region filed a lawsuit challenging the decision of the antimonopoly body.
Krasnodar Regional Arbitration Court allowed the claim.
However, the 15th Arbitration Appeal Court and the Federal Arbitration Court of the Caucasus District pronounced legitimacy of the conclusions made by Krasnodar OFAS Russia.
“This ruling will enable strengthening state control over truck traffic on highways under the supervision of Krasnodar Regional Authority. The ruling also is a precedent for establishing the facts of violations in other constituent territories of the Russian Federation as currently there is no judicial practice for similar violations. I would like to point out that the investigation was carried out in close cooperation with the Prosecutor’s Office of the Krasnodar Region, and its representatives also were directly involved in all court hearings where the violator attempted to challenge the decision of the antimonopoly body”, commented Deputy Head of Krasnodar OFAS Russia, Irina Ivaschenko.
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