OREANDA-NEWS. On January 12, 2009 the 9th Arbitration Appeal Court upheld the ruling of the Moscow Arbitration Court and dismissed the appeal of the Moscow Department of the State Road Traffic Safety Inspectorate, of the Central Internal Affairs Directorate (GIBDD GUVD Moscow), against the ruling of the Court of First Instance, reported the press-centre of FAS Russia.

On 9th September 2008, the Moscow Arbitration Court dismissed the claim of GIBDD GUVD Moscow on invalidating the decision and determination of the Federal Antimonopoly Service (FAS Russia) in the part related to GIBDD GUVD Moscow.

In September 2007, FAS Russia received complaints from legal entities against the actions of the Moscow Government, "Mosvodokanal" Moscow State Unitary Enterprise, "Gormost" State Unitary Enterprise, GIBDD GUVD Moscow and "Moskovskaya Gorodskaya Elekrosetevaya Kompania [Moscow City Electric Grid Company]" CJSC, that prevented economic activities of market participants, which used floating landing stages and other waterborne platforms in the water area of the Moskva river. Having investigated the complaints, FAS Russia initiated a case for violating the antimonopoly legislation.

On 25th April 2008, the FAS Russia Commission found that GIBDD GUVD Moscow violated Article 16 of the Federal Law "On Protection of Competition" by engaging in concerted actions with the Moscow Government, "Mosvodokanal" Moscow State Unitary Enterprise, "Gormost" State Unitary Enterprise and "Moskovskaya Gorodskaya Elekrosetevaya Kompania" CJSC and unreasonably preventing economic activities of the market participants that used floating landing stages.

Article 16 of the Federal Law "On Protection of Competition" prohibits agreements between federal executive bodies, state authorities of the constituent territories of the Russian Federation, local self-government bodies, and other bodies and organizations, if such agreements or concerted actions result or can result in preventing, restricting or eliminating competition.

Based on its decision, FAS Russia issued a determination to the Moscow Government, "Mosvodokanal" Moscow State Unitary Enterprise, "Gormost" State Unitary Enterprise, GIBDD GUVD Moscow and "Moskovskaya Gorodskaya Elekrosetevaya Kompania" CJSC to stop violating the antimonopoly legislation.

GIBDD GUVD Moscow disagreed with the FAS Russia's decision and determination and appealed to the court of law the part related to GIBDD GUVD Moscow. The Courts, however, confirmed validity of the FAS Russia's decision and determination.

In December 2008, after losing several lawsuits in favor of the Antimonopoly Service, the Moscow Government forwarded to FAS Russia documentation confirming its execution of the FAS Russia's determination on the case.

The FAS Russia's decision and determination are aimed at restoring legitimate rights of entrepreneurs - the owners of floating landing stages, infringed by the state authorities.