OREANDA-NEWS. On October 08, 2007 the Federal Arbitration Court of the Moscow District confirmed validity of the decision and determination of the Federal Antimonopoly Service (FAS Russia) on the case against "Megaphon" OJSC (concerted actions of cellular operators), reported the press-centre of FAS Russia.

Proceedings in the case involved: "VympeCom" OJSC, "МТS" OJSC and the Association of regional Cellular Operators.

Earlier FAS Russia found that "VympeCom", "МТS" and "Megaphon" violated Article 6 of the Law "On Competition and Restriction of Monopolistic Activity on Goods Markets".

At the same time, the FAS Russia's Commission terminated proceedings against "VympeCom", "МТS" due to voluntary elimination of the violations. "Megaphon" was instructed to eliminate the consequences of the violations of the antimonopoly legislation.

The case was initiated upon a complaint of the Association of regional Cellular Operators.

According to the information received by FAS Russia, the Big Three operators fixed the rates for zone call termination in their network for cooperating cellular operators at 1,10 Rubles without VAT. At the same time, operators of the "VympeCom", "МТS" and "Megaphon" groups agreed upon the price for similar services at 0,95 Rubles.

For the same traffic volume within the Big Three network, a "calling" operator must have paid 16% less that the "calling" operator of another network.

FAS Russia concluded that should settlements are made under these tarrifs, the operators outside the Big Three would have reconsider their pricing policy and stop offering attractive inexpensive packages - the niche which is the main competitive advantage of regional operators.

Therefore, the regional mobile operators could be placed in an unequal position in comparison with the federal operators, which is unacceptable under the antimonopoly legislation.

"Megaphon" disagreed with the decision of the antimonopoly authority and appealed.

The Moscow Arbitration Court completely dismissed the lawsuit of "Megaphon" on invalidity of the FAS Russia's decision.

The 9th Arbitration Court also dismissed the appeal of "Megaphon" and upheld the ruling of the Court of First Instance.

In its turn, the federal Arbitration Court of the Moscow District also dismissed the "Megaphon" appeal and, therefore, confirmed validity of the decision and the antimonopoly authority.