Kaliningrad Arbitration Court supported OFAS in a dispute with “Natsrybresource”

On 2 September 2016, Kaliningrad Regional Arbitration Courtdismissed a claim of the “National Fish Resources” Federal State Unitary Enterprise (“Natsrybresource”) and pronounced legitimacy of the decision made by Kaliningrad OFAS.

Earlier the antimonopoly body found that “Natsrybresource” had been unlawfully setting and charging tariffs for the services of Pionersky remote sea terminal (Clause 10 Part 1 Article 10 of the Federal Law “On Protection of Competition”).

Kaliningrad Transport Prosecutor’s Office forwarded a statement of the Chairman of the Fishermen Trade Union to OFAS to verify legitimacy of the tariffs for moorage in Pionersky seaport set by the Kaliningrad branch of “Natsrybresource”.

The antimonopoly body established: being a natural monopoly “Natsrybresource” in breach of Part 1 Article 18 of the Federal Law “On Seaports in the Russian Federation”, without approaching a competent body to set the tariff (charges) and determining the measurement unit to which it applies, independently passed an order on 27.08.2014 to approve the tariffs for mooring services at berths in Pionersky remote sea terminal. Such actions are unlawful and economically unjustified since prices and tariffs for the services of a natural monopoly are subject to government regulation through setting the list of works (goods, services) of natural monopolies, the prices (tariffs) for which are regulated by the state, and an economic entity does not have the powers to independently, using a particular method, fix the size of charges and the charging procedure, and charge them in the absence of а statutory port charges.

OFAS Commission found that actions of “Natsrybresource” in breach of Part 1 Article 18 of the Federal Law “On Seaports in the Russian Federation” in the part of fixing and charging tariffs for the services of a remote Pionersky sea terminal rendered by natural monopolies also violated Clause 10 Part 1 Article 10 of the Federal Law “On Protection of Competition”. Upon the fact of the violation, OFAS issued a warning to terminate the violation by 01.06.2016. The persons guilty of committing the antimonopoly violation shall be held administratively liable.

On 2 September 2016, Kaliningrad Regional Arbitration Courtmade a judgment on the claim of “Natsrybresource” against Kaliningrad OFAS.

“In the course of judicial proceedings “Natsrybresource” attempted to prove to the Court, as earlier to the antimonopoly body, that it was not a natural monopoly, but the Court did not find the presented arguments convincing and pronounce the reasonableness of the decision and determination made by Kaliningrad OFAS. It is another decision in support of Kaliningrad fishermen”, pointed out the Head of Kaliningrad OFAS Olga Bobrova.