OREANDA-NEWS. On October 02, 2008, the Federal Arbitration Court of the Moscow District allowed the cassation appeal of the Federal Antimonopoly Service (FAS Russia) against the ruling of the Moscow Arbitration Court, which allowed the appeal of "Dalsvyaz" OJSC on invalidating the decision and determination of the antimonopoly authority, reported the press-centre of FAS Russia.

On 5th October 2007 FAS Russia found that "Dalsvyaz" OJSC had violated Clauses 3 and 9 Part 1 Article 10 of the Federal Law "On Protection of Competition" (abusing dominant position).

"Dalsvyaz" OJSC breached the law by imposing unfavorable contract conditions upon "Neokom" Ltd. on connecting telecommunications networks. "Dalsvyaz" OJSC also disconnected the networks of "Neokom" Ltd. during pre-contractual disputes, as a result of which "Neokom" Ltd. could not provide communication services. Therefore, Dalsvyaz" OJSC created obstacles for market entry of an economic agent.

Having considered the case, FAS Russia issued a determination to "Dalsvyaz" OJSC to eliminate the violations.

Moscow Arbitration Court allowed the claim of "Dalsvyaz" OJSC on invalidating the FAS Russia's decision and determination.

FAS Russia disagreed with the decision of the Moscow Arbitration Court and appealed to the Federal Arbitration Court of the Moscow District.