OREANDA-NEWS. On September 03, 2008 the Moscow Arbitration Court dismissed the claim of "Inter Finance Technologies" Ltd. on invalidating the decision of the Federal Antimonopoly Service (FAS Russia) that the company had violated Part 1 Article 10 of the Federal Law "On Protection of Competition", reported the press-centre of FAS Russia.

Earlier FAS Russia initiated and investigated an antimonopoly case against "Inter Finance Technologies" Ltd. upon a petition of the Association of River Transport Ports and Ship Owners.

On 20th March 2008, FAS Russia concluded that "Inter Finance Technologies" Ltd. had violated Part 1 Article 10 of the Federal Law "On Protection of Competition" in terms of infringing the interests of counteragents, by simultaneously entering into two contracts with duplicated subject matter of the contracts, requesting double payments for the same services, including in the contract payment for services that were not specified in the subject matter of the contract, as well as by discrepancy between the services specified in the contract and the services effectively offered to the customers.

In particular, "Inter Finance Technologies" Ltd. violated the law and infringed the interests of ship owners by adding a new service for ensuring moorage safety in the contract of service.

By No. 847-r Instruction of 21.06.2005, the Federal Agency for Federal Property Management transferred the federal property, including the building of the Northern River Boat Station and 17 passenger moorings, to the "Resource" Federal Sate Unitary Enterprise on the basis of economic control rights.

In its turn, the "Resource" Federal Sate Unitary Enterprise transferred the property complex of the Northern River Boat Station, including the building of the Northern River Boat Station and 17 passenger moorings, to "Inter Finance Technologies" Ltd. for usage.

Therefore, "Inter Finance Technologies" Ltd. obtained the rights for offering services to the ship owners.

From July 2006, "Inter Finance Technologies" Ltd., along with the services for using the moorings, began offering the so-called service for safety control at the moorings.

FAS Russia established that the second contract effectively duplicated the contract terms for using the moorings. As for the safety control, such services are not specified by the current legislation, do not have a framed subject matter of a contract and do not establish obligations for the party that offers such services.

Such a practice for generating contractual obligations results can result in infringing the interests of counteragents.

"Inter Finance Technologies" Ltd. disagreed with the FAS Russia's decision and determination and appealed.

The Moscow Arbitration Court did not accept the argumentation of "Inter Finance Technologies" Ltd. and found the FAS Russia's decision legitimate and justified.