OREANDA-NEWS. February 01, 2013. The 6th Arbitration Appeal Court dismissed the claim of “TransContainer” Container Transport Centre for OJSC (“TransContainer” OJSC), reported the press-centre of FAS Russia.

On 25th August 2011, Magadan OFAS Russia found that “TransContainer” OJSC violated the antimonopoly law (Article 10 of the Federal Law “On Protection of Competition”). The company was imposing disadvantageous procedures upon consignees in the Magadan region for freightage (direct combined railway – water carriage) to the Magadan port, when transshipment must take place only at Mys-Churkin transfer station. “Dispach” Ltd. was nominated as the consignee; carriage was paid according to a “through rate”. Containers could not be issued if the conditions were not met.

“TransContainer” OJSC disagreed with the acts passed by OFAS and filed a lawsuit. On 2nd April 2012 Magadan Regional Arbitration Court also dismissed the claim.

On 9th August 2012, the 6th Arbitration Appeal Court ruled to reverse the judgment. The Appeal Court did not consider the case substantially and stated that Magadan OFAS Russia had not had the authority to investigate the antimonopoly case.

On 28th November 2012, the Federal Arbitration Court of the Far East District reversed the ruling and forwarded the case for reconsideration.

Reconsidering the case, the Appeal Court confirmed reasonableness of the decision and determination issued by Magadan OFAS Russia regarding “TransContainer” OJSC.