Court Confirmed OFAS Decision on Russian Railways
OREANDA-NEWS. August 17, 2012. Nizhny Novgorod Regional Arbitration Court dismissed the claim of “Russian Railways” OJSC to invalidate the decision of the Office of the Federal Antimonopoly Service in the Nizhny Novgorod Region (Nizhny Novgorod OFAS Russia), reported the press-centre of FAS Russia.
Nizhny Novgorod OFAS Russia received a petition from “Nizhny Novgorod Fat-and-Oil Plant” OJSC that “Russian Railways” OJSC repeatedly and unreasonably refused to accept empty cars for transportation without washing-up trains.
In December 2012, the Commission of Nizhny Novgorod OFAS Russia established that “Russian Railways” OJSC repeatedly and unreasonably refused to accept empty covered cars from Nizhny Novgorod Fat-and-Oil Plant” OJSC for transportation without washing-up trains after unloading products. Not only “Russian Railways” OJSC required mandatory washing-up cars before forwarding them, but also insisted that washing-up must be completed only by railway workers for separate fee.
The Commission of Nizhny Novgorod OFAS Russia found that “Russian Railways” OJSC violated Part 1 Article 10 of the Federal Law “On Protection of Competition” (abusing dominance) and issued a determination to prevent actions that can lead to violating the antimonopoly law. The determination was executed within the designated period. OFAS also fined “Russian Railways” OJSC 1,579,417.75 Rubles.
“Russian Railways” OJSC tried to challenge the determination of Nizhny Novgorod OFAS Russia at Court. However, the Court of First Instance pronounced legitimacy and reasonableness of the decision on violating the antimonopoly law.
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