OREANDA-NEWS.  December 23, 2013. The Federal Arbitration Court of the Povolzhie District confirmed legitimacy of the decision issued by the Office of the Federal Antimonopoly Service in the Saratov region (Saratov OFAS) with regard to “Saratov Airlines” OJSC upon the fact of violating the antimonopoly law (Part 1 Article 10 of the Federal Law “On Protection of Competition”).

Earlier Saratov OFAS investigated a petition of “UTAir” OJSC and issued a warning to “Saratov Airlines” OJSC to stop violating the antimonopoly law. “Saratov Airlines” OJSC was required to provide slots to aircrafts of “UTAir” OJSC in accordance with the Rules for providing access to the services of natural monopolies in airports and conclude a contract for providing services in Saratov airport. The company failed to exercise the warning and an antimonopoly case was initiated.

Having investigated the case, OFAS found that “Saratov Airlines” OJSC violated Part 1 Article 10 of the Federal Law “On Protection of Competition” by refusing to conclude a contract with “UTAir” OJSC for providing airport services in “2011 winter” season on the Moscow – Saratov route.

“Saratov Airlines” OJSC disagreed with the decision of the antimonopoly body and attempted to challenge it at three Court instances. Defending its position, the company referred to the absence of technical possibility to provide airport services to “UTAir” OJSC. The Courts dismissed this argument because it was established that the real reason for the refusal to conclude the contract with “UTAir” OJSC was the right for historic slot. However, “Saratov Airlines” OJSC had the historic slot right on the Moscow – Saratov route at 6.50 a.m. and not at 7.15 a.m. as requested by “UTAir” OJSC. Therefore, the refusal was unlawful.

As for technical possibilities, during the hearing at the Court of First Instance “Saratov OFAS clearly demonstrated unreliability of the statement made by company’s representatives that the minimum interval between aircraft departures must be 2 hours. The time-schedule of Saratov airport in 2011 included departures with shorter intervals: Saratov-Sochi – at 06:00, and Saratov-Moscow – at 06:50.

Three Court instances confirmed legitimacy of the decision of Saratov OFAS that “Saratov Airlines” OJSC violated the Federal Law “On Protection of Competition” by not providing slots to “UTAir” OJSC on the Moscow – Saratov route in “2011 winter” season and not concluding the contract for providing airport services.

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When the 12th Arbitration Appeal Court dismissed the claim of “Saratov Airlines” OJSC, the decision issued by Saratov OFAS came into force. On 6th September 2013, the Antimonopoly Service fined “Saratov Airlines” OJSC 458,098 RUB for abusing its dominant position.