OREANDA-NEWS. October 07, 2008. The Altai Krai [Regional] Office of the Federal Antimonopoly Service (OFAS Russia) fined "Russian Railways" OJSC 1 624 223 Rubles for abusing dominant position, reported the press-centre of FAS Russia.

The administrative case was initiated upon a petition from "Starovoitov Aleiskzernoproduct" CJSC received by the Antimonopoly Office. Having investigated the case, the Altai Krai OFAS Russia established that in April-May 2008 due to lack of actions by "RZhD" OJSC 22 cars with barley were unreasonably delayed at the border railway station.

The delay was caused by refusal of "RZhD" OJSC to register transit declarations and obtain permission from the customs authorities of the Russian Federation for the internal transit between "Kulunda" and "Aleiskaya" railway stations of the goods transported from the Republic of Kazakhstan to the Russian consignee - "Starovoitov Aleiskzernoproduct" CJSC. Interruption of supplies inflicted significant damages upon "Starovoitov Aleiskzernoproduct" CJSC.

Actions of "RZhD" OJSC were caused by wrong interpretation of Article 80 of the Customs Code of the Russian Federation, which resulted in breaching Part 1 Article 10 of the Federal Law "On Protection of Competition". Article 10 prohibits actions (lack of actions) by an economic entity with dominant position that result or can result in preventing, restricting or eliminating competition and (or) infringing the interests of other persons.

Under Article 14.31 of the Code of the Russian Federation on Administrative Violations, abusing dominant position on the goods market is punishable by an administrative fines: for the officials - 15000 - 2000 Rubles; for the legal persons - one hundredths to fifteen hundredth of the proceeds gained by the violator from the goods (works, services) on the market where the violation occurred.