OREANDA-NEWS. July 09, 2014. The 13th Arbitration Appeal Court confirmed legitimacy of the decision of the Office of the Federal Antimonopoly Service in St Petersburg (St Petersburg OFAS Russia) with regard to “Russian Railways” OJSC.

Earlier the antimonopoly body considered a petition of “DS-Trans” Ltd. Upon a request of Oktaybrskaya Railway, the company complied with all necessary conditions for dispatching accelerated refrigerator trains from Predportovaya railway station.

“DS-Trans” Ltd. was already prepared to demonstrate trains composed under accelerated refrigerator train technology to “Russian Railways”, when, in follow up of a telegram issued by “Russian Railways” OJSC, Oktaybrskaya Railway stopped making up wagons into accelerated refrigerator trains and dispatching such trains from Predportovaya railway station. Thus, “Russian Railways” OJSC deprived “DS-Trans” Ltd. of a possibility to entry to the market of freight transportations using the technology of accelerated refrigerator trains.

St Petersburg OFAS Russia established that such actions by “Russian Railways” OJSC, which created discriminatory conditions for “DS-Trans” Ltd., violated Clauses 8 and 9 Part 1 Article 10 of the Federal Law “On Protection of Competition”.

The monopolist was issued a determination to place a list of conditions at the web-site of “Russian Railways” OJSC in the public domain that consignors must comply with to be able to exercise freight transportation using the accelerated refrigerator train technology.

“Russian Railways” OJSC disagreed with the decision and determination of St Petersburg OFAS Russia and challenged them at Courts of two Instances. The Courts, however, confirmed legitimacy of the decision and determination issued by the antimonopoly body.

St Petersburg OFAS Russia fined “Russian Railways” OJSC 5,330,876.10 RUB for violating Clauses 8 and 9 Part 1 Article 10 of the Federal Law “On Protection of Competition” and under Article 14.31 of the Code of the Russian Federation on Administrative Violation.

Clauses 8 and 9 Part 1 Article 10 of the Federal Law “On Protection of Competition” prohibits actions of an economic entity with the dominant position that create discriminatory conditions and prevent entry of other economic entities to the market.