OREANDA-NEWS. December 12, 2011. “Bashinformsvyaz:”OJSC restricted competition on the market of services for connecting telecommunications networks on the market of intra-zone telephone communications. On 29th November 2011, the Federal Arbitration Court of the Moscow District confirmed FAS decision regarding the provider, reported the press-centre of FAS Russia.

The Federal Antimonopoly Service (FAS Russia) initiated the case against “Bashinformsvyaz” OJSC upon a complaint from “STsS Sovintel” Ltd. and “MTS” OJSC. According to the petitioners, the company unreasonably evaded contracts for connecting zonal networks of the petitioners to the local telephone network of “Bashinformsvyaz:”OJSC and included discriminatory conditions in the contracts for connecting telecommunications networks.

“Bashinformsvyaz” OJSC уalso evaded amending the contracts for connecting telecommunications networks of “STsS Sovintel” Ltd. and “MTS” OJSC to the local telephone networks of “Bashinformsvyaz” OJSC, in the part of eliminating restrictions for traffic transmission services, using a strictly determined number pool resource. FAS discovered that such restrictions are not directly provided for by the law and found that STsS Sovintel” Ltd. and “MTS” OJSC reasonably requested to exclude disadvantageous conditions from the contracts.

As established by FAS Commission, “Bashinformsvyaz” OJSC was forcing “STsS Sovintel” Ltd. and “MTS” OJSC to transfer zonal traffic to the network of “Bashinformsvyaz:”OJSC, buying more expensive service of zonal call termination, which providers did not need. Conditions created by “Bashinformsvyaz” OJSC did not allow the petitioners to offer services for traffic transmission to other providers, and communications services to its clients in the Republic of Bashkortostan using company’s own communications networks to the full.

Having investigated the case, FAS Commission found that “Bashinformsvyaz” OJSC violated Article 10 of the Federal Law “On Protection of Competition” (abusing market dominance) and issued a determination to eliminate the violations.

“Bashinformsvyaz” OJSC filed a lawsuit challenging the decision of FAS Russia. Moscow Arbitration Court and the 9th Arbitration Appeal Court dismissed the claim. The Federal Arbitration Court of the Moscow District also ruled to uphold FAS decision and the judgments of the Courts of lower Instances.