Court Pronounced legitimacy of OFAS on Payment Processing Centre
OREANDA-NEWS. March 22, 2012. The 16th Arbitration Appeal Court pronounced legitimacy of the decision made by the Office of the Federal Antimonopoly Service in the Republic of Karachaevo-Cherkessia (Karachaevo-Cherkessia OFAS Russia) regarding “Payment Processing Czsdentre” Ltd. in Cherkessk, reported the press-centre of FAS Russia.
Earlier the Commission of Karachaevo-Cherkessia OFAS Russia established that “Payment Processing Centre” Ltd. used its dominant position to restrict utility payers in their choice of organizations, assisting in payment arrangements for these services, and restricted competition for payers between these organizations.
The antimonopoly body found that “Payment Processing Centre” Ltd. violated Part 1 Article 10 of the Federal Law “On Protection of Competition” and issued a determination to stop the violation.
“Payment Processing Centre” Ltd. filed a lawsuit challenging the decision and determination of Karachaevo-Cherkessia OFAS Russia.
On two occasions the Federal Arbitration Court of the North-Caucasus District reversed the rulings of the Courts of First and second instances. Only on the third occasion the Arbitration Court of the Republic of Karachaevo-Cherkessia and the 16th Arbitration Appeal Court supported the position of Karachaevo-Cherkessia OFAS Russia.
“It is not the first time that we are in litigation with this company. From 2005, it has been carrying out anti-constitutional activities in Karachaevo-Cherkessia with numerous violations of the antimonopoly law. All previous rulings passed by Arbitration Courts and the Courts of general jurisdiction enabled the company to continue operations on the market of utility payments with gross law violations. Only the principal position of the Cassation Court allowed us to push the matter through. Now measures will be taken to impose statutory sanctions upon physical persons and legal entities that committed the violation”, commented the Head of Karachaevo-Cherkessia OFAS Russia, Amin Urakchiev.
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