OREANDA-NEWS. April 19, 2012. The 9th Arbitration Appeal Court in Moscow confirmed legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) on the case against “Respirator” Research and Production Enterprise” OJSC for antimonopoly violation on the market of repair kits for aviation equipment, reported the press-centre of FAS Russia.

On 5th April 2011, FAS found that since 2008 “Respirator” Research and Production Enterprise” OJSC and “Buinaksky Aggregate Plant” OJSC, which have dominant position on the market, have been unreasonably refusing to supply repair kits for aviation equipment to “322 ARZ” OJSC in breach of Clause 5 Part 1 Article 10 of the Federal Law “On Protection of Competition.

The companies manufacture nodes and components for aviation equipment, component parts and repair kits required for warranty and after-warranty repair of products. The companies also repair own-produced nodes and components, and in this sector they are competitors of aircraft-repair companies such as “322 ARZ” OJSC.

“322 ARZ” OJSC repairs МIG-31, МIG-29, Su-24, Su-24МR, Su-25, Su-25UB, Su-27 aircrafts under state defence order. To be able to repair aviation equipment “322 ARZ” OJSC requires component parts and repair kits specified in repair documentation.

“Respirator” Research and Production Enterprise” OJSC disagreed with FAS decision and determination and filed a lawsuit against actions of the antimonopoly authority. However, on 20th January 2012 Moscow Arbitration Court dismissed the claim. “Buinaksky Aggregate Plant” OJSC did not challenge FAS decision and determination on the case.

“Although “Respirator” Research and Production Enterprise” OJSC disagreed with the position of the antimonopoly authority, the company resumed supplying repair kits to aircraft-repairing companies before the Court passed the ruling. Thus, the FAS determination was executed, which eliminated the threat of frustrating state defence order”, pointed out Deputy Head of FAS Department for Control over industry and Defence Complex, Andrey Greshnyov.

Reference:
Part 1 Article 10 of the Federal Law “On Protection of Competition” prohibits actions (omissions) of an economic entity with dominant market position, which have resulted or can result in preventing, restricting, eliminating competition and (or) infringing the interests of other persons.