Cassation Court supported FAS warning issued to Roszheldor
On 29 June 2017, Moscow District Arbitration Court pronounced legitimacy of the warning issued by the Federal Antimonopoly Service and upheld the ruling of the 9th Arbitration Appeal Court.
Earlier the antimonopoly body found that actions of the Federal Agency for Railway Transport [Roszheldor] have signs of violating the Federal Law “On Protection of Competition” - No. VCh-30-r Order of 13 April 2015 (Part 1 Article 15), which constituted the grounds for issuing the warning. Executing the warning could have led to restricting competition by creating conditions to stop operations of an economic entity (“East Urals Terminal” Ltd.) on the market of stevedoring services.
The Agency filed a lawsuit at Arbitration Court to invalidate FAS warning. After the 9th Arbitration Appeal Court pronounced its legitimacy and reasonableness, Roszheldor notified the antimonopoly body about executing it: No. VCh-29-r Order of 22 May 2017.
At the same time, Roszheldor challenged the ruling of the Appeal Court at Moscow District Arbitration Court; the claim was dismissed.
Head of FAS Fiscal Control Department, Vladimir Mishelovin pointed out: “Exercising their powers the authorities must comply with the requirements and prohibitions specified in Article 15 the Federal Law “On Protection of Competition”, which once again was confirmed by Court”.
Reference:
Part 1 Article 15 the Federal Law “On Protection of Competition” prohibits federal executive bodies to adopt acts and (or) exercise actions (omissions) that lead or can lead to preventing, restricting, eliminating competition.