Moscow OFAS gave a “green light” with regard to “Russian Railways”

Moscow OFAS opened a case against “Russian Railways” OJSC upon signs of violating the antimonopoly law in the part of abusing dominance (Part 1 Article 10 of the Federal Law “On Protection of Competition”). Earlier OFAS issued a warning to the company to stop the violation but “Russian Railways” ignored it

The regulator’s attention to the actions of “Russian Railways” was focused by a consignee. In 2014 the company concluded a contract with “Russian Railways” for 5 years, according to which the carrier was supposed to posititon and unload railway cars and remove them from the rail tracks adjacent to “Khovrino” station, Oktyabrskaya Railway.

In 2016, “Russian Railways” notified the counteragent about refusing to execute their contractual obligations. The company explained their actions by “absence of technical and technological possibility to render services”.

At the same time, Moscow OFAS has information that “Russian Railways” rendered similar services up to the end of 2016 to a number of other counteragents with the wording: “as exception”. According to OFAS, the actions of “Russian Railways” confirm the technical and technological possibility to render services on operating rail tracks and performing cargo operations at “Khovrino” station and show that the company avoided executing the contract conditions.

According to Deputy Head of Moscow OFAS Nikita Poleschuk, providing non-discriminatory access to the services of natural monopoly is one of the priorities for the antimonopoly bodies.

“Moscow OFAS is investigating several antimonopoly cases against “Russian Railways” OJSC upon signs of the following violations: refusals to conclude and execute public contracts, particularly for supplying and removing rail cars. Absence of objective technological reasons for refusals by the natural monopoly constitutes the grounds for administrative sanctions”, said Nikita Poleschuk.