OREANDA-NEWS. April 04, 2012. The Federal Arbitration Court of the Moscow District confirmed the position of the Federal Antimonopoly Service (FAS Russia) regarding the “Departmental Security Service of Railway Transport of the Russian Federation” Federal State Enterprise, reported the press-centre of FAS Russia.

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

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

Earlier FAS found that the “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.

Investigating the case, FAS concluded:

An Appendix to the Order of the Ministry of Transport “On Approving the Rules for Rail Freight Transportation with Escort and Protection of Consignors, Consignees and the Freight List for Mandatory Escort and Protection” approves the Freight List for mandatory shift escort and protection en route. Under the Order, cargo must be escorted by a departmental security service. The share of the “Departmental Security Service of Railway Transport of the Russian Federation” on this market exceeds 50 %. The enterprise was imposing contract conditions for cargo escort and protection upon its counteragents.

FAS also discovered that the cup on liability of the “Departmental Security Service of Railway Transport of the Russian Federation” for counteragents in case of cargo shortage, loss, damage to en route was determined by an order of the “Departmental Security Service”, on the basis of “The procedures for calculating the cup on liability of the “Departmental Security Service of Railway Transport of the Russian Federation” Federal State Enterprise”. The liability cup is 2,200,000 Rubles per 1 car, freight container, which entails losses for consignors / consignees or insurers as the difference between the actual damage and a compensation obtained from “Departmental Security Service of Railway Transport” within the bounds of its liability (in 2008 Sverdlovsk Regional Arbitration Court obligated the “Departmental Security Service of Railway Transport of the Russian Federation” to pay “Uralelektromed” OJSC the full costs of the lost cargo – 11,000,000 Rubles).

The Federal Arbitration Court of the Moscow District upheld the ruling of Moscow Arbitration Court.

The “Departmental Security Service of Railway Transport of the Russian Federation” paid the 65-million Rubles fine.