OREANDA-NEWS. July 13, 2011. FAS Russia found “Russian Railways” OJSC and “Yuzhnaya Transportnaya Kompania” Ltd. violated Part 1 Article 11 of the Federal Law “On Protection of Competition” (an agreement between economic entities), reported the press-centre of FAS Russia.

The case was initiated upon the findings of a FAS Russia’s on-site inspection and upon several complaints. In particular, “Evro-Beton-1” Ltd. and “SMU-21" Ltd. petitioned that “Russian Railways” OJSC and “Yuzhnaya Transportnaya Kompania” Ltd. carried out loading - unloading works in the freight terminal of “Sochi” railway station and deprived consignors and consignees of a possibility to independently exercise loading (unloading) works in the public space of the freight terminal of “Sochi” railway station. “Yuzhnaya Transportnaya Kompania” Ltd. also competes with the petitioners on the market of construction materials.

In course of the case investigation, FAS established that “Russian Railways” OJSC concluded a contract with “Yuzhnaya Transportnaya Kompania” Ltd. to lease out asphalt coating located directly around Nos. 11,12 rail tracks in common use of the freight terminal of “Sochi” railway station and used in loading – unloading of inert materials arriving to Sochi railway station by railway transport in common use, particularly, for construction of Olympic facilities.

According to the contract, only a leaseholder can operate transferred property. As a result, a consignee is unable to independently unload inert materials, using the infrastructure of “Russian Railways” OJSC.

Thus, consignors and consignees were deprived of their legitimate right to independently exercise loading (unloading) in the public space of the freight terminal of “Sochi” railway station.

Having investigated the case, FAS established that “Russian Railways” OJSC and “Yuzhnaya Transportnaya Kompania” Ltd. violated Part 1 Article 11 of the Federal Law “On Protection of Competition” by refusing to conclude a contract with consignees for usage of the freight terminal of “Sochi” railway station for loading (unloading) works by consignees, forcing consignees to conclude a contract for loading- unloading works with “Yuzhnaya Transportnaya Kompania” Ltd., reducing production capacity, using which consignees can independently exercise loading-and-unloading works.

Based on its decision, FAS Russia issued a determination to “Russian Railways” OJSC and “Yuzhnaya Transportnaya Kompania” Ltd. to eliminate the violations.