OREANDA-NEWS. December 18, 2009. The Office of the Federal Antimonopoly Service in the Penza region (OFAS Russia) found that "RZhD" OJSC in the person of its Penza branch - a structural subdivision of the Kuibyshev Railway abused market dominance (violation of Article 10 of the Federal Law "On Protection of Competition") and issued a determination to eliminate the violations, reported the press-centre of FAS Russia.

The case was initiated upon a petition of "Volzhsko-Uralskaya Transport Company" OJSC in the person of the Penza Regional Network "VolgaUralTrans" OJSC (the Penza RTC "VolgaUralTrans" OJSC) due to unreasonable refusal to clear for its locomotive for car supply and removal from one connecting non-public railway track to another.

Investigating the case, OFAS Russia established that the Penza RTC "VolgaUralTrans" OJSC and a branch of "RZhD" OJSC concluded three agreements for operating three connecting non-public railway tracks. These connecting tracks are operated by a single locomotive of "VolgaUralTrans" OJSC, which supplies and removes cars from dead end trucks at the Penza-4 station through its railway tracks to the locations of cargo loading (unloading) for the company's clients.

In September 2009, the management of Penza-4 notified executives of the Penza RTC "VolgaUralTrans" OJSC that it would clear the company locomotive for the tracks at "VolgaUralTrans" OJSC from one connecting track to the dead end tracks at the station and then back to the same connecting track. If the locomotive moves from one connecting track to another, "VolgaUralTrans" OJSC will be charged for intra-station transportation. According to the petitioner, such actions are in breach of previously concluded agreements and significantly increase the cost of services for car supply and removal. Moreover, the rates for intra-station transportation must not be applied in this case, as the Penza RTC "VolgaUralTrans" is not involved in intra-station cargo transportation and only provides services for car supply and removal.

"The actions of the Railway were aimed at acquiring unjustified income, and could result in infringing the interests of consignees. We could not have allowed such a situation", said Anatoly Avdeev, the head of the Penza OFAS Russia.