OREANDA-NEWS. October 07, 2008. In a new hearing, the 9th Arbitration Appeal Court reversed the case of FAS Russia on appeal against the ruling of the Moscow Arbitration Court. The latter allowed the appeal of "VGOK" OJSC from the decision and determination issued by the Federal Antimonopoly Service (FAS Russia), reported the press-centre of FAS Russia.

On 29th January 2007, FAS Russia recognized that "VGOK" OJSC violated Part 1 Article 10 of the Federal Law "On Protection of Competition" (abusing dominant position). "VGOK" OJSC violated the law by unreasonably refusing to sign a contract with "PROMKO" OJSC for supplying and removing railway cars through the rail access of "VGOK" OJSC.

Having investigated the case, FAS Russia found that actions of "VGOK" OJSC were in breach of the antimonopoly legislation and issued a determination to eliminate the violations.

"VGOK" OJSC appealed against the FAS Russia's decision and determination to the Court of Law.

The judgment of the Moscow Arbitration Court, sustained by the 9th Arbitration Appeal Court, allowed the claim of "VGOK" OJSC on invalidating the FAS Russia's decision and determination. The Federal Arbitration Appeal Court revoked the judgment of the Court of First Instance and the ruling of the Court of Appeal Instance, and remanded the case for reconsideration.

At the new hearing, the Moscow Arbitration Court again allowed the claim of "VGOK" OJSC on invalidating the FAS Russia's decision and determination.

FAS Russia disagreed with the ruling of the Moscow Arbitration Court and appealed to the 9th Arbitration Appeal Court.

Reconsidering the case, the 9th Arbitration Appeal Court revoked the ruling of the Moscow Arbitration Court and confirmed validity and justness of the FAS Russia's decision and determination.