THE SUPREME COURT SUPPORTED ST PETERSBURG OFAS IN A DISPUTE WITH “PASSAZHIRAVTOTRANS”

The monopolist cannot fix different tariffs for teller services for carriers

The Supreme Court drew a line in an appeal of the decision and order issued by St Petersburg OFAS to “Passazhiravtotrans” St Petersburg State Unitary Enterprise.

In 2018, the antimonopoly body found that “Passazhiravtotrans” abused its dominant position (in breach of Clause 6 Part 1 Article 10 of the Federal Law “On Protection of Competition”). Selling tickets at the only bus terminal in St Petersburg (Build A, 36, Obvodny Canal Embankment), the monopolist decided that the costs of ticketing for carriers at the ticket desks in the bus terminal should depend on the route length. As the Antimonopoly Service found, this approach does not reflect at all the actual expenses of companies for rendering the service.

“Passazhiravtotrans” was given an order to set economically justified tariffs for teller services for all carriers, regardless of the route length. The company attempted to appeal OFAS decision and order and filed a lawsuit but the position of the antimonopoly body was supported by Courts of Four Instances.

Head of St Petersburg OFAS Vadim Vladimirov emphasized: “This is a principal ruling of the Supreme Court, which once again reminds to all monopolists that tariffs for any services, including teller services of carriers, must be based on economics”.

“Passazhiravtotrans” already paid 300,000 RUB fine for the violation. The monopolist is imposed another fine - 400,000 RUB for failure to execute the order.