Court agreed with FAS on RZD & TransContainer
OREANDA-NEWS. April 20, 2012. Moscow Arbitration Court agreed with the arguments of FAS Russia: terminal handling of containers, transported by railway transport, on sites in common use (railway stations) is a separate market, where “Russian Railways” OJSC and its subsidiary – “TransContainer” OJSC have dominant position, reported the press-centre of FAS Russia.
Earlier by No.674 Order of FAS Russia of 27th September 2011 “TransContainer” OJSC as part of the group of persons - “Russian Railways” OJSC and “TransContainer” OJSC - was included in the Register of Economic Entities with over 35% share of a particular market, under the services: “loading – unloading (crane) works with universal containers (cargo in universal containers) and services for storing universal containers (cargo in universal containers), on sites in common use (railway stations opened under paragraphs 5, 8, 10 of No.4 Tariff Regulations)”.
“TransContainer” OJSC disagreed with FAS conclusions and filed a lawsuit challenging the FAS order. The Court, however, dismissed the claim of the transportation company and confirmed legitimacy of the decision made by the antimonopoly authority.
FAS order is aimed at effective control over compliance with the antimonopoly law and preventing the carrier abusing dominant position on the market of railway freight transportation in universal containers.
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