OREANDA-NEWS. September 16, 2010. The Office of the Federal Antimonopoly Service in the Rostov Region (OFAS Russia) fined “MegaPhon” OJSC 42 million Rubles for abusing dominance on the market of cellular telecommunication services, reported the press-centre of FAS Russia.

From 18th to 27th December 2009, “MegaPhon” OJSC had a special promotional event, when its subscribers could test “SuperAON” service free-of-charge. In that period “SuperAON” was automatically connected to all subscribers of “MegaPhon” OJSC. “SuperAON” enables subscribers to identify the so-called “hidden” numbers of cellular phones for incoming calls made from the phones of subscribers of most providers. Information about connecting this service was only available to “MegaPhon” subscribers on the web-site of “MegaPhon” OJSC.

From 28th December 2009, this service was provided for a fee - 90 Rubles per month (paid in equal installments proportionate to the number of days in a particular month). By connecting an additional service “SuperAON” from 18th December 2009 as part of a special promotional event with the aim to charge a fee for using this service, “MegaPhon” OJSC deprived its subscribers of the right to independently decide upon the scope and set of additional services when using cellular communications services, which infringed legitimate rights of the company’s subscribers.

On 1st January 2010 “MegaPhon” OJSC disconnected “SuperAON” for the subscribers, to whom this service was connected from 18th to 27th December 2009. Only in the Rostov region “MegaPhon” OJSC earned around RUB 14 million by charging for “SuperAON”, connected as part of the promo event.

“SuperAON” service was connected to over than million subscribers in the Rostov region. By imposing this service, “MegaPhon” OJSC infringed their rights, which is prohibited by Clause 3 Part 1 Article 10 of the Federal Law “On Protection of Competition”. Under Article 14.31 of the Code of the Russian Federation on Administrative Violations, for abusing dominant market position “MegaPhon” OJSC is made administratively liable and fined 0.01% of the income from mobile radiotelephone communications (cellular communications) in the Rostov region in 2009 – 42,049,633 Rubles”, said Vadim Korneev, the Head of Rostov OFAS Russia.