OREANDA-NEWS. January 28, 2007. The 9th Arbitration Appeal Court dismissed the appeal of the Federal Service for Veterinary and Phytosanitary Supervision (Rosselkhoznadzor) on reversing the judgment of the Moscow Arbitration Court and revoking the decision of the Federal Antimonopoly Service (FAS Russia), that had been passed upon processing a case against Rosselkhoznadzor for violating the Federal Law "On Protection of Competition", reported the press-centre of FAS Russia.

FAS Russia recognized that Rosselkhoznadzor violated Clause 2 Part 1 Article 15 of the Federal Law "On Protection of Competition" and issued a determination requesting to stop the violations.

The case was processed upon a petition of "SZhS Vostok Limited" CJSC (Moscow), "Control Union" CJSC (Moscow), "Rosinspectorat" CJSC (Moscow), "Kotekna Inspection (Vostok)" Ltd. (Moscow) requesting to verify whether actions undertaken by Rosselkhoznadzor complied with the antimonopoly legislation.

In course of the inspection FAS Russia established that Rosselkhoznadzor had refused to consider the accreditation applications of the above economic entities that intended to carry out activities on evaluating the quality if grain and grain processing products. Therefore, Rosselkhoznadzor prevented economic operations of economic entities.

Having considered the case, the FAS Russia Commission found that Rosselkhoznadzor violated the antimonopoly legislation and issued a determination to eliminate the violations.

Rosselkhoznadzor disagreed with the decision and determination issued by the antimonopoly authority and appealed.

The Moscow Arbitration Court dismissed the claim of Rosselkhoznadzor on invalidating the FAS Russia's decision and determination. The 9th Arbitration Appeal Court dismissed the claim of Rosselkhoznadzor on reversing the judgment of the Moscow Arbitration Court and pronounce the FAS Russia's decision and determination invalid. Therefore, the FAS Russia's decision regarding Rosselkhoznadzor entered into legal force.