Only Fines Can Correct Wrong Behavior of Natural Monopolies, FAS
OREANDA-NEWS. April 28, 2012. “Yeisk Seaport” OJSC will have to pay a fine for failure to notify a government authority. The 9th Arbitration Appeal Court dismissed the company claim on invalidating a determination issued by FAS Russia, reported the press-centre of FAS Russia.
On 5th December 2011, FAS fined “Yeisk Seaport” OJSC 100,000 Rubles under Part 1 Article 19.8.1 of the Code of the Russian Federation on Administrative Violations: the company violated the established standards of disclosing information about regulated activities of holders of natural monopolies (violating the established procedures for notifying the body controlling sources of publishing information – Sub-Clause “d” Clause 4 of No 764 Decree of the Government of the Russian Federation).
“Yeisk Seaport” OJSC failed to report to FAS Russia the sources of publishing information about regulated activities of the holder of natural monopoly specifying regional print media (in the regions where holders of natural monopolies operate), which according to the law of the RF publish official materials of government authorities, official print media and / or the address of the official web-site specified by the Government of the Russian Federation.
“Yeisk Seaport” OJSC disagreed with the FAS decision and challenged the determination of the antimonopoly authority at Court.
Moscow Arbitration Court and the 9th Arbitration Appeal Court confirmed legitimacy of the FAS determination to hold “Yeisk Seaport” OJSC administratively liable.
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