OREANDA-NEWS. On January 29, 2009 the Federal Arbitration Court of the Moscow District reversed the judgments of the Moscow Arbitration Court and the 9th Arbitration Appeal Court, and confirmed legitimacy and relevance of the decision and determination of the Federal Antimonopoly Service (FAS Russia) regarding "RZhD" OJSC. Cassation Court also ruled to remand the case for reconsideration to the Court of the First Instance, reported the press-centre of FAS Russia.

Earlier FAS Russia found that "RZhD" OJSC. violated Part 1 Article 10 of the Federal Law "On Protection of Competition" (abusing dominant position on the goods market) and issued a determination to eliminate the violation.

"RZhD" OJSC breached the law by creating created unequal conditions, which infringed the interests of the operators of freight wagons, owned or held under a lease, in the services for scheduled maintenance and repair of these wagons in comparison with the conditions for repair of the wagons in inventoried stock of "RZhD" OJSC and members of the same group of persons with "RZhD" OJSC.

Investigating the case, the FAS Russia's Commission, in accordance with the current regulations, analyzed and evaluated the competitive environment on the market of services for depot and total overhaul of freight wagons, which validated the dominant position of "RZhD" OJSC.

The FAS Russia's decision is aimed at providing equal access of economic entities to repair facilities of railway transport, owned by "RZhD" OJSC.