OREANDA-NEWS. January 11, 2009. On 25th November 2008, the Federal Antimonopoly Service (FAS Russia) received a letter, where "Vysokogorsky Mining-and-Processing Integrated Works" ("VGOK" OJSC) informed the Antimonopoly Service that it had petitioned to the Federal Arbitration Court of the Moscow District on withdrawing its cassation appeal, reported the press-centre of FAS Russia.

The hearing was scheduled at the end of December 2008.

Earlier FAS Russia found that "VGOK" OJSC violated Part 1 Article 10 of the Federal Law "On Protection of Competition" (abusing dominant position) and issued a determination to eliminate the violations. The case was processed upon a petition of "PROMKO" OJSC on unreasonable refusal of "VGOK" OJSC to conclude a contract for car supply / removal with "PROMKO" OJSC.

"VGOK" OJSC violated the law because the company had a possibility to serve the production site of "PROMKO" OJSC, situated on a railway which was not in general use, but unreasonably refused to conclude the contract with "PROMKO" OJSC.

"VGOK" OJSC disagreed with the FAS Russia's decision and determination and appealed to the court of law. The Moscow Arbitration Court sustained the claim of "VGOK" OJSC. The Court of the Appeal instance, however, confirmed the rightness of FAS Russia.

The letter, sent to FAS Russia, also stated that "in the near future "VGOK" OJSC and "PROMKO" OJSC will sign a contract, and "VGOK" OJSC will notify FAS Russia immediately".