CASSATION COURT SUPPORTED DECISION AND INJUNCTION OF MOSCOW OFAS

Earlier FAS found that “Gormost” abused the dominant position of a natural monopoly offering mooring berths to vessels

As established, “Gormost” independently devised and approved the procedure of considering applications of vessel-owners to conclude contracts on providing mooring berths to vessels in 2017. Its fulfillment created discriminatory conditions for vessel-owners, gave the priority to large shipping companies and hampered access to mooring berths in the water area of the Moskva-river for small and new shipping companies.

“Gormost” disagreed with the decision and injunction of Moscow OFAS and filed a lawsuit. The Appeal Court confirmed legitimacy and reasonableness of the actions undertaken by the antimonopoly body. The Arbitration Court of the Moscow District drew a line in the dispute: it supported the decision and injunction of Moscow OFAS against “Gormost”.

The company is also held administrative liable for failure to execute the injunction under Article 19.5 of the Code of the Russian Federation on Administrative Violations; is has to pay a 400,000 RUB fine. Now, by 10 February 2019 “Gormost” must ensure discriminatory conditions for access to the mooring berths of the Moskva-river.

If the company repeatedly fails to execute the injunction, the antimonopoly body shall consider disqualification of top-executive of “Gormost”.