OREANDA-NEWS. February 13, 2012. The Supreme Arbitration Court of the Russian Federation pronounced legitimacy of the conclusions of the Office of the Federal Antimonopoly Service in the Kaluga region (Kaluga OFAS Russia) on fining “Kaluga Construction Materials Plant” CJSC (“KZSM” CJSC) 300,000 Rubles, reported the press-centre of FAS Russia.

“KZSM” CJSC unreasonably refused to conclude a contract for technological connection with “Baza SM” Ltd. Kaluga OFAS Russia found that the company violated Clause 5 Part 1 Article 10 of the Federal Law “On Protection of Competition” and issued a determination to stop the violation.

The Plant failed to execute the determination of the antimonopoly body and was fined 300,000 Rubles.

The Court of the First Instance, Appeal Court and Cassation Court took the side of the violator making a conclusion that at the time of issuing the violation Kaluga had not had the grounds to hold “KZSM” CJSC administratively liable, as the company challenged the decision and determination at the Arbitration Court. Execution of the determination was suspended until a judicial act on the case would come into force.

However, the Presidium the Supreme Arbitration Court of the Russian Federation accepted the arguments put forward by Kaluga OFAS Russia.

“The ruling of the Presidium the Supreme Arbitration Court of the Russian Federation on the case of “KZSM” CJSC created yet another judicial precedent allowing the antimonopoly body to hold a violator administrative liability for failure to execute the determination before the appeal deadline. It enables to more promptly and efficiently apply measures of antimonopoly enforcement”, commented the Head of Kaluga OFAS Russia, Igor Baranov.