FAS Timely Prevented Violation of Antimonopoly Law by RZD
OREANDA-NEWS. February 18, 2013. “Russian Railways” OJSC fully executed a warning of the Federal Antimonopoly Service (FAS Russia). There will be no imposing increased periods for freight delivery, reported the press-centre of FAS Russia.
“Russian Railways” OJSC issued a telegram of 26th March 2012, according to which several executive officers of branches of “Russian Railways” OJSC were obligated to ensure concluding contracts with consignors for increased periods of cargo delivery. The actions of “Russian Railways” OJSC were aimed at reducing the volume of payments on the claims for overdue cargo deliveries and empty private cars.
As a result of the actions of “Russian Railways” OJSC, FAS Russia received numerous petitions from consignors that they had been forced to conclude contracts for increasing h periods of cargo transportation by railway transport in general use. The absence of such a contract prevented carriage.
Governed by Article 39.1 of the Federal Law “On Protection of Competition”, FAS sent a warning to “Russian Railways” OJSC to stop violating the antimonopoly law (Clause 3 Part 1 Article 10 the Federal Law “On Protection of Competition”). In particular, the company must abolish Clause 1 of the telegrams (on the need to conclude contracts with consignors for increasing cargo delivery periods), Clause 3 in full (on concluding contracts with consignors for increasing the cargo delivery period in accordance with the current law) and send explanations about the procedures for concluding the contracts with the network of “Russian Railways” OJSC and the procedures for concluding contracts to networks.
The procedures for calculating the period of cargo delivery by railway transport in general use by railway transport, as well as incidents of their increase; the standards for their increase and the norms for cargo delivery on-time are regulated by the Rules for calculating the periods of cargo delivery by railway transport, approved by No.27 Order of the Ministry of Railway of 18th June 2003, as well as Article 33 of No.18-FZ Federal Law the “Railway Transport Status of the Russian Federation of 10th January.
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