OREANDA-NEWS. August 27, 2012. The Federal Arbitration Court of the Moscow District confirmed legitimacy of a fine imposed by FAS Russia upon “Russian Railways” OJSC (5,184,962 Rubles) for abusing market dominance, reported the press-centre of FAS Russia.

Earlier, the Commission of found that “Russian Railways” OJSC, in the person of the Main Computer Centre – a branch of “Russian Railways” OJSC, violated Clause 6 Part 1 Article 10 of the Federal Law “On Protection of Competition”. The company violated the law by fixing different prices for the same goods without economic or technological justification. Computer Centres - structural units of the Main Computer Centre – a branch of “Russian Railways” OJSC fixed different charges (prices) for technological support of “Express” Automated Control System – terminal equipment package. The package is designed to sell travel documents (tickets) for long-distance trains used by organizations that are not members of the group of persons of “Russian Railways” OJSC.

Based on its decision, the FAS Commission issued a determination to “Russian Railways” OJSC to stop abusing market dominance and exercise actions towards supporting competition:

1. Organizations that are not members of the group of persons of “Russian Railways” OJSC and that sell travel documents (tickets) for railway transport in general use for long-distance trains, should be able to conclude contracts for technological and technical support of “Express” Automated Control System with any structural unit of the Main Computer Centre – a branch of “Russian Railways” OJSC. Possibility to conclude contracts must not depend on the location of an organization, which is not a member of the group of persons of “Russian Railways” OJSC, and sells travel documents (tickets) for railway transport in general use for long-distance trains.

2. If “Russian Railways” OJSC is unable to exercise actions specified in Clause 1, the company must devise and forward to related organizations a unified technique for calculating the price (costs) of services for technological and technical support of “Express” Automated Control System terminal equipment, designed to sell travel documents (tickets) for railway transport in general use for long-distance trains used by organizations that are not members of the group of persons of “Russian Railways” OJSC. The services are offered by structural units of the Main Computer Centre, that fixes the price (costs) of these services. The prices must be based on actual labour input, production costs and the level of profitability that ensures break-even operations of the Main Computer Centre and organizations that are not members of the group of persons of “Russian Railways” OJSC, selling travel documents for railway transport in general use – long-distance trains. Prices and conditions for technological and technical support of terminal equipment - “Express” Automated Control System, (designed to sell travel documents (tickets) for railway transport of general use for long-distance trains used by organizations that are not members of the group of persons of “Russian Railways” OJSC) provided by structural units of the Main Computer Centre.

“Russian Railways” OJSC did not file a lawsuit challenging FAS decision and determination on the case.