OREANDA-NEWS. October 16, 2012. The Arbitration Appeal Court took the side of Moscow OFAS Russia in its dispute with “Russian Railways” OJSC, reported the press-centre of FAS Russia.

Earlier the Commission of the antimonopoly body found that “Russian Railways” OJSC violated Part 1 Article 17 of the Federal Law “On Protection of Competition”.

OFAS received a complaint of “Anfeya” Ltd. regarding unlawful actions of “Russian Railways” OJSC in course of four tenders for capital repair of commercial facilities of the Ordering Party with preliminary qualification of participants.

Investigating the complaint, Moscow OFAS Russia found that “Russian Railways” OJSC violated Part 1 Article 17 of the Federal Law “On Protection of Competition” by setting requirements in the Qualification documentation for mandatory registration of the candidates in the Russian Federation, which is not provided for by the existing law.

The Qualification documentation also specified that the candidates for Tender Procedures could be excluded if they would not take part in at least three tenders in succession (out of the four tenders). Such requirements of “Russian Railways” OJSC restricted the range of economic entities wishing to carry out a particular type of works which was the subject matter of one of the tenders.

Having investigated the complaint, the Commission of Moscow OFAS Russia found that “Russian Railways” OJSC violated Part 1 Article 17 of the Federal Law “On Protection of Competition” and issued a determination to eliminate the antimonopoly violation. “Russian Railways” OJSC must also amend the documentation and exclude the provisions that can restrict competition.

“Russian Railways” OJSC disagreed with decision and determination of Moscow OFAS Russia and filed a lawsuit.

The Courts of I and II instances took the side of Moscow OFAS Russia.