Russian Railways Prevents FAS Exercising Antimonopoly Control
OREANDA-NEWS. September 10, 2013. The Federal Antimonopoly Service (FAS Russia) has initiated administrative proceedings against “Russian Railways” OJSC. The company has failed to submit information to FAS on transportation of oil and oil products, information about expenses of “Russian Railways” OJSC for diesel fuel and electric power, information required for full and comprehensive consideration of antimonopoly cases and information required to execute instructions issued by the Government of the Russian Federation.
For instance, on 26th October 2012 consideration of a case on signs of violating the antimonopoly law by “Russian Railways” OJSC in the part of creating discriminatory conditions was postponed due to the need to obtain additional information. The requested information has not been submitted to FAS yet.
“Russian Railways” OJSC hampers the process of antimonopoly control, either providing incomplete information or not submitting such information at all. Such delaying does not allow FAS to comprehensively analyze the circumstances of particular cases, and prevents execution of the instructions issued by the Government of the Russian Federation”, pointed out the Head of FAS Department for Control over Transport and Communications, Dmitry Routenberg.
To exercise the state function for control over compliance with the antimonopoly law, FAS sends reasonably requests for documentation and information to economic entities.
Part 5 Article 19.8 of the Code of the Russian Federation on Administrative Violations specifies administrative liability for failure or late submission of data (information) to the federal antimonopoly authority, its regional bodies provided for by the antimonopoly law of the Russian Federation, particularly failure to submit data (information) upon a request of the above bodies, except cases listed in Parts 3 and 4 of this Article, as well as submitting to the federal antimonopoly authority, its regional bodies knowingly incorrect data (information) – upon legal entities – from 300,000 to 500,000 Rubles.
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