OREANDA-NEWS. July 26, 2013. The Federal Antimonopoly Service (FAS Russia) found that “Russian Highways” State-Run Company (“Avtodor”) restricted competition (in breach of Article 15 of the Federal Law “On Protection of Competition”). The company fixed and charged fees not provided for by the law of the Russian Federation for rendering government services.

An individual entrepreneur involved in public catering services at a roadside cafe filed a petition to the Office of the Federal Antimonopoly Service in the Voronezh region (Voronezh OFAS Russia) that “Russian Highways” unlawfully charged a fee for issuing technical requirements and conditions for the works within the boundaries of highway easement areas and road shoulders.

When the entrepreneur refused to pay for the technical requirements and conditions, “Russian Highways” put barriers and fences on the approach to the public catering outlet, which made the work of cafe impossible and, as a consequence restricted competition.

Voronezh OFAS Russia initiated a case on violating the antimonopoly law, and since “Avtodor” charges fees for issuing technical requirements and conditions throughout the entire territory of Russia the case was transferred to the Central FAS Office.

FAS established that the state-run company charged the fees for issuing technical requirements and conditions on the basis of an Order issued by the company. However, the current law does not provide for charging гstate duty for rendering such type of government services.

FAS found that “Russian Highways” breached Article 15 of the Federal Law “On Protection of Competition” and issued determinations to abolish the Order of the state-run company based on which it charged the unlawful fee and stop charging the fee for issuing technical requirements and conditions.