OREANDA-NEWS. September 18, 2014. Moscow District Arbitration Court upheld the judgment of Moscow Arbitration Court and the ruling of the 9th Arbitration Appeal Court, confirming legitimacy and reasonableness of FAS decision not to initiate a case on violating the antimonopoly law by “National Settlement Depository Company” (NRD CJSC NKO).

Earlier FAS dismissed the claim of “Evroinvest” Investment Company” Ltd. to open antimonopoly proceedings against NRD CJSC NKO, since FAS did not establish elements of violating the antimonopoly law in the latter’s actions.

According to “Evroinvest” Ltd., NRD CJSC NKO failed to provide electronic support to “Evroinvest” Ltd. via all channels of informational interaction used to render services under a bank account agreement opened for “Evroinvest” Ltd. to obtain settlement-and-depository services upon the outcome of exchange trading at “Stock Exchange of Moscow Interbank Exchange” CJSC, which forced “Evroinvest” Ltd. to use “direct services” – hard-copy paperwork. “Evroinvest” Ltd. considered such actions as violation of Clauses 8, 9 Part 1 Article 10 of the Federal Law “On Protection of Competition”.

Upon comprehensive examination of materials and documents related to the claim, FAS found that actions of NRD CJSC NKO had not had elements of violating the antimonopoly law. The Commission established that refusing electronic interaction under the bank account agreement NRD CJSC NKO continues providing settlement-and-depositary services to “Evroinvest” Ltd. in full by accepting payment documentation on paper carrier.

NRD CJSC NKO is the only settlement-and-depository company providing settlement service upon the results of transactions concluded at “Stock Exchange of Moscow Interbank Exchange” CJSC.

Clauses 8, 9 Part 1 Article 10 of the Federal Law “On Protection of Competition” prohibits actions (omissions) by an economic entity with the dominant position that lead or can lead to preventing, restricting, eliminating competition and (or) infringing the interests of other persons, particularly, creating discriminatory conditions and preventing entry / exit of other economic entities to/ from the market.