OREANDA-NEWS. September 21, 2009. The Federal Antimonopoly Service (FAS Russia) found that "Russian Railways" OJSC ("RZhD" 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, reported the press-centre of FAS Russia.

The case was initiated upon petitions of the consignees: "MKKhP-SITNO" CJSC and "Naro-Fominsky Kkladokombinat" OJSC.

From 1st January 2008, "RZhD" OJSC centrally fixed rates of charges for cleanup and veterinary-and-sanitary treatment of covered and insulated cars, upon unloading animals, poultry, raw ingredients of animal origin, as well as food products and perishable products, for all cleanup-and-steaming companies, disinfection-and-cleanup stations and outlets, located along the railway network - subsidiaries of "RZhD" OJSC. It increased the rates for the applicants on average by 30-50%.

According to the Federal Tariff Service, that was brought in the proceedings as a person possessing information, the services for cleanup and veterinary-and-sanitary treatment of covered and insulated cars are provided by the consignor at the expense of the consignees.

Under the order of the Ministry of Transport of the Russian Federation, the costs for cleanup and steaming of covered and insulated cars after cargo transportation are included in the infrastructure components of the rates.

Accordingly, fixing separated charges for cleanup and veterinary-and-sanitary treatment of covered and insulated cars is not required.

Therefore, "RZhD" OJSC unlawfully fixed the rate of charges for veterinary-and-sanitary treatment of covered and insulated cars upon unloading animals, poultry, raw ingredients of animal origin, as well as food products and perishable products.

The full body of the text of the decision and determination issued by the Antimonopoly Service will be available at the FAS Russia's website, section "Control over natural monopolies" after they are ready.

Reference:
The list of food products and perishable products is approved by the Regulations for transportation of perishable goods by railway transport (No.37 Order of the Russian Ministry of Railways of 18th June 2003), the Regulations on cleanup of cars and containers upon cargo unloading (No.46 Order of the Russian Ministry of Railways of 18th June 2003), and the Regulations on railway transportation of the cargo controlled by Gosvetnadzor [the State Veterinary Service] (No.34 Order of the Russian Ministry of Railways of 18th June 2003).

According to Article 44 of the Federal Law "The Statute of Railway Transport of the Russian Federation": upon unloading animals, poultry, raw ingredients of animal origin, cleanup and veterinary-and-sanitary treatment of covered and insulated cars are provided by the consignors at the expense of the consignees (receivers), and cleanup and veterinary-and-sanitary treatment of specialized cars and containers - by the consignees unless specified otherwise by an agreement between the parties.