OREANDA-NEWS. February 04, 2013. The Office of the Federal Antimonopoly Service in the Moscow Region (Moscow Regional OFAS Russia) initiated administrative cases against “Sheremetyevo” International Airport” OJSC (“MASh” OJSC) and “Aeroflot – Russian Airlines” OJSC (“Aeroflot” OJSC), liability for which is specified in Part 1 Article 14.32 of the Code of the Russian Federation on Administrative Violations, reported the press-centre of FAS Russia.

The cases were initiated upon a decision of Moscow Regional OFAS Russia of 14th December 2012 on an antimonopoly case (Part 4 Article 11 of the Federal Law “On Protection of Competition”). “MASh” OJSC и “Aeroflot” OJSC violated the Law by concluding an Agreement on Strategic Cooperation, which can restrict competition on the market of air transportation services by creating conditions that put the air carriers on this market in unequal position when they use the infrastructure of Sheremetyevo international airport.

Earlier FAS initiated an unscheduled documentary inspection of “MASh” OJSC concerning compliance with the antimonopoly rules and standards, in the course of which OFAS obtained a copy of an Agreement on Strategic Cooperation of 8th October 2012, concluded by “MASh” OJSC with “Aeroflot” OJSC.

Having analyzed the conditions of the Agreement, Moscow Regional OFAS Russia has established that implementing the agreement can give preferential conditions to particular airlines, which is contrary to the current law.

Notes:

Under Part 1 Article 14.32 of the Code of the Russian Federation on Administrative Violations, if an economic entity concludes an agreement prohibited by the antimonopoly law of the Russian Federation as well as takes part in the agreement or exercises concerted actions by an economic entity prohibited by the antimonopoly law of the Russian Federation:

– it is punishable by an administrative fine upon officials – from 20,000 to 50,000 Rubles or disqualification for the period of up to three years; upon legal entities – from one hundredth to fifteen hundredths of the income of a violator from selling goods (works, services) on the market where the violation was committed, or from one tenth to one second of the initial costs of the subject of an auction, but no less than 100,000 Rubles, and if the income of a violator from selling goods (works, services) on the market where the administrative violation was committed exceeds 75 % of the total income of a violator from selling all goods (works, services) or an administrative violation was committed on the market of goods (works, services), that are sold at the prices (tariffs) regulated in accordance with the law of the Russian Federation - from three thousandths to three hundredths of the income of a violator from selling goods (works, services) on the market where the administrative violation was committed, but no less than 100,000 Rubles.