Magadan OFAS Defended Rights of Consignees in Magadan Region
OREANDA-NEWS. June 17, 2013. “TransContainer” Centre for Container Transportation” OJSC (“TransContainer” OJSC) reported to the Office of the Federal Antimonopoly Service in the Magadan region (Magadan OFAS Russia) on executing a determination.
On 29th May 2013, the Federal Arbitration Court of the Far East District drew a line in a dispute between Magadan OFAS Russia and “TransContainer” OJSC. The Court ruling confirmed legitimacy of the conclusions made by the Antimonopoly Service about “TransContainer” OJSC violating the antimonopoly law.
As far back as on 25th August 2011, the Commission of Magadan OFAS Russia found that “TransContainer” OJSC violated Article 10 of the Federal Law “On Protection of Competition” in the part of imposing a disadvantageous procedures of direct mixed railway – water freight carriage to Magadan port upon consignees in the Magadan region, when:
- Transshipment must have take place only at Mys-Churkin transshipment station
- “Disptach” Ltd. was nominated as the consignee
- Payment for freight transportation was made under an “end-to-end” rate (simultaneously for the sea and railway legs). Containers were not provided if the above conditions were not met.
Magadan OFAS Russia issued a determination for “TransContainer” OJSC to eliminate the violations: adjust the freight procedures in accordance with the current law for direct mixed railway – water freight carriage in medium- and large-capacity containers and / or cars of “TransContainer” OJSC to / from Magadan port.
“TransContainer” OJSC disagreed with the acts issued by OFAS and filed a lawsuit. Judicial procedures lasted nearly two years, but ultimately the ruling was in favour of Magadan OFAS Russia.
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