OREANDA-NEWS. November 30, 2012. The Arbitration Appeal Court upheld the judgment of Moscow Arbitration Court that the Ministry of Interior and “Okhrana” Federal State Unitary Enterprise violated the antimonopoly law, reported the press-centre of FAS Russia. 

On 3rd November 2012, the Federal Antimonopoly Service (FAS Russia) found that the Ministry of Interior violated Part 3 Article 15 of the Federal Law “On Protection of Competition”. The Ministry assigned the functions and the rights of a federal executive body to an economic entity (“Okhrana” Federal State Unitary Enterprise) by formalizing the right to protect facilities subject to state protection in the Statues of “Okhrana” Federal State Unitary Enterprise.

FAS also established that in 2010 – Q1 2011 “Okhrana” fixed monopolistically high prices for the services of protecting facilities subject to state protection in the Lipetsk region (in breach of Clause 1 Part 1 Article 10 of the Federal Law “On Protection of Competition”).

The FAS Commission issued a determination to the Ministry of Interior to introduce changes to the Statutes of “Okhrana” Federal State Unitary Enterprise in the part of excluding the provisions of the Federal Law “On Protection of Competition”. Also FAS issued a determination to “Okhrana” to calculate an economically justified price for the protection services of the Lipetsk branch of “Okhrana” for 2012, thus, eliminating the antimonopoly violation.

Moscow Arbitration Court and the 9th Arbitration Appeal Court supported the position of the antimonopoly authority confirming legitimacy of the decision and determinations issued by FAS with regard to the Ministry of Interior and “Okhrana” Federal State Unitary Enterprise.