Court Supported FAS in Dispute with Russian Railways
OREANDA-NEWS. December 01, 2011. In 2010 “Russian Railways” OJSC violated the antimonopoly law in course of transporting grain on passage through the Russian Federation. Moscow Arbitration Court confirmed legitimacy and reasonableness of the FAS decision regarding the holder of natural monopoly, reported the press-centre of FAS Russia.
The case for violating Article 10 of the Federal Law “On Protection of Competition” was initiated upon a petition of “Technotrans” Ltd. The FAS Commission found that “Russian Railways” OJSC committed the following violations:
- Creating discriminatory conditions for a particular forwarding agent - “Technotrans” Ltd. (an economic entity that is not a member of the group of persons of “Russian Railways” OJSC): “Russian Railways” OJSC failed to apply a reducing coefficient 0.7 for transporting grain and oilseed crops from Kazakhstan on passage through the Russian Federation, and offered these tariff conditions to the only forwarding agent - “LP-Trans” Ltd. (an economic entity that is a member of the group of persons of “Russian Railways” OJSC) – Clause 8 Part 1 Article 10 of the Federal Law “On Protection of Competition”;
- Violating the procedures for offering (applying) exclusive tariff for transporting grain and oilseed crops from Kazakhstan on passage through the Russian Federation, specified in Clause 7 of the Rules for offering exclusive tariffs on railway transport, and the procedures for applying the tariffs to international transit railway transportation, established by the Tariff Policy for 2010 freight year and established as part of the Tariff Agrement between Railway Administrations (railways) of the CIS member-states of 17th February 1993 - Clause 10 Part 1 Article 10 of the Federal Law “On Protection of Competition”.
Having investigated the case, FAS held “Russian Railways” OJSC administratively liable under Article 14.31 of the Code on Administrative Violations: the monopolist was fined 316 million Rubles.
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