OREANDA-NEWS. April 30, 2008. The Federal Antimonopoly Service (FAS Russia) recognized that the Moscow Government violated Part 1 Article 15 and Article 16 of the Federal Law "On Protection of Competition", and the "Mosvodocanal" Moscow State Unitary Enterprise, the "Gormost" State Unitary Enterprise, the Moscow Department of State Traffic Safety Inspection of the Main Directorate of Internal Affairs and the "Moscow City Electric Grid Company" OJSC violated Article 16 of the Federal Law "On Protection of Competition", reported the press-centre of FAS Russia.

The case was initiated upon a petition of economic entities involved in water use in the water area of the Moskva-river on the basis of their water use licenses and agreements for bodies of water, by using motor vessels and (or) floating landing stages (berthing facilities) as floating hotels and restraunts.

FAS Russia found that the Moscow Government violated the antimonopoly legislation by unjustified prevention of economic activities of the market agents. The Moscow Government and the "Mosvodocanal" Moscow State Unitary Enterprise, the "Gormost" State Unitary Enterprise, the Moscow Department of State Traffic Safety Inspection of the Main Directorate of Internal Affairs and "Moscow City Electric Grid Company" OJSC violated the law by engaging in concerted actions that have ousted economic entities from the goods market.

Locations of the above vessels and floating landing stages were agreed with the "Moscow Canal" Federal State Unitary Enterprise, the Moskva-Oka Basin Water Department, Glavmosarkhitectura (the Main Moscow Department for Architecture and City Planning), "Gormost", "Mosvodocanal" and other controlling and interested bodies and organizations.

FAS Russia established, however, that the Moscow Government undertook certain actions to remove the floating landing stages and other floating facilities from the water area of the Moskva-river (from the central part of the city). For instance, an order was given to analyze the existing contracts for deployment, water supply, channeling and energy supply to the hotels, restaurants, gambling establishments and other objects of economic activity on the floating landing stages and other floating facilities in the water area of the Moskva-river in the central part of the city, and to take measures in order to terminate the above agreements and withdraw the licenses on the grounds that floating facilities in the water area of the Moskva-river are in breach of the Master Plan of Moscow Development and distort the architectural image of the city.

To execute the Order, the Moscow Government, in its turn, instructed the Prefect's Office of the Central Administrative District of Moscow, "Mosvodocanal", the Moscow Department of Housing, Utilities and Development, the Moscow Committee for Architecture (Moscomarkhitectura) and "Mosenergosbyt" to withdraw the issued authorizations for deployment of the floating facilities and agreements for connecting engineering services to the floating facilities in the water area of the Moskva-river in the central part of the city.

After that, agencies and organizations, particularly, subordinate to the Moscow Government, took actions aimed at preventing economic activity of the owners of the floating landing stages: withdrawing licenses for dislocating the floating landing stages and other floating facilities in the water area of the Moskva-river in the central part of the city; preparing a petition to "Mosenergosbyt" OJSC on the possibility of cutting off engineering services to the floating landing stages; issuing an instruction to remove connecting passages (berthing facilities) to the floating landing stages on the parapets at the Frunzenskaya, Krymskaya and Berezhkovskaya embankments.

The Moscow Government also instructed:

- The Moscow Department of State Traffic Safety Inspection of the Main Directorate of Internal Affairs - to put the signs forbidding parking of motor vehicles on the embankments near the location of the floating landing stages and enforce the new requirements (using vehicles towing, if necessary);

- The Moscow Department of Housing, Utilities and Development - to organize evacuation of the floating landing stages;

- "Mosenergosbyt" OJSC - to cut off engineering services to the floating landing stages.

Upon issuing the above orders and instructions, agencies and organizations, particularly, subordinate to the Moscow Government, undertook actions aimed at preventing economic activities of the economic agents - owners of the floating landing stages and other floating facilities located in the water area of the Moskva-river.

Following the decision on the case, FAS Russia issued determinations to all persons involved in the case, requesting them to stop the violating.