OREANDA-NEWS. October 10, 2011. Moscow Arbitration Court confirmed the position of the Federal Antimonopoly Service (FAS Russia) regarding “Departmental Security Service of Railway Transport of the Russian Federation” Federal State Enterprise, reported the press-centre of FAS Russia.  

Having investigated the antimonopoly case, FAS held “Departmental Security Service of Railway Transport of the Russian Federation” administratively liable under Article 14.31of the Code of the Russian Federation on Administrative Violations and fined it 82 million Rubles.

Moscow Arbitration Court reduced the fine to 1% - 65 million Rubles.

Earlier FAS found that “Departmental Security Service of Railway Transport of the Russian Federation” violated Part 1 Article 10 of the Federal Law “On Protection of Competition” by imposing disadvantageous contract conditions upon a counteragent.

“Uralelektromed” OJSC filed a petition to FAS Russia.

Investigating the case, FAS concluded that:

An Appendix to the Order of Russian Ministry of Transport “On Approving the Rules for Railway Freight Transportation with Escort and Protection of Consignors and Consignees, and the List of Goods that Require Mandatory Escort and Protection” approved the List of goods that require mandatory in-shift escort and protection on passage.

Under the Order, in-shift cargo escort is exercised with changing attendants on passage of cargo. Such cargo escort is exercised by the departmental security service.

“Departmental Security Service of Railway Transport of the Russian Federation” has over 50% share of the market of services for in-shift escort and protection of cargo on passage by railway transport.

FAS Russia revealed conditions of the contract for the services of escort and protection of cars, cargo containers on passage by railway transport, imposed by “Departmental Security Service of Railway Transport of the Russian Federation” upon counteragents.

FAS Russia also established that a liability cap of “Departmental Security Service of Railway Transport of the Russian Federation” to counteragents in case of short delivery, loss, damaging cargo on passage was determined by an order of “Departmental Security Service of Railway Transport of the Russian Federation” Federal State Enterprise based on the “Procedures for Calculating the Liability Cap of “Departmental Security Service of Railway Transport of the Russian Federation.

Liability of “Departmental Security Service of Railway Transport of the Russian Federation” to counteragents in case of short delivery, loss, damaging cargo on passage due to the fault of “Departmental Security Service of Railway Transport of the Russian Federation” for 2010 was determined by an order of “Departmental Security Service of Railway Transport of the Russian Federation” and was equal to 2,200,000 Rubles per car, cargo container, which causes losses upon consignors / consignees as a difference between real damage and compensation received from “Departmental Security Service of Railway Transport of the Russian Federation” within its liability (in 2008 Sverdlovsk regional Arbitration Court obligated “Departmental Security Service of Railway Transport of the Russian Federation to pay “Uralelektromed” OJSC the full cost of the lost cargo - 11,000,000 RUB).

On 16th March 2011, the Federal Arbitration Court of Moscow District fully confirmed legitimacy of FAS decision and determination on the case.