OREANDA-NEWS. March 31, 2008. The Federal Antimonopoly Service (FAS Russia) received a reasoned ruling of the Federal Arbitration Court of the Moscow District on the case against "Silvinit" OJSC, interpreting Article 6 of the Federal Law "On Protection of Competition" regarding definition of monopolistically high prices by an antimonopoly body, reported the press-centre of FAS Russia.

The Federal Arbitration Court of the Moscow District recognized erroneousness of the findings of the Court of First Instance that the price of the goods produced by "Silvinit" OJSC could not be recognized monopolistically high in the absence of a comparable goods market.

Part 2 Article 6 of the Federal Law "On Protection of Competition" specifies that goods price cannot be recognized monopolistically high if it does not meet at least one criterion listed in Part 1 of the Article. Therefore, to recognize monopolistically high price of the goods, it is sufficient to confirm that it fails to meet at least one of the criteria. Simultaneous proof of two criteria is not necessary to recognize monopolistically high prices of the goods.

The Court established that in this particular case an absence of one of the criteria specified in Article 6 of the Federal Law "On Protection of Competition"- a comparable market of such goods as potassium chloride - did not deprive the antimonopoly body from recognizing the price, set by the manufacturer for the goods to be sold on the domestic market, as monopolistically high if it failed to meet the second criterion - the goods price exceeding the expenses, necessary to produce and sell such goods, and profits.

Taking into consideration that the Court of First Instance had not properly verified the accuracy of the FAS Russia's calculations of the selling price of potassium chloride produced by "Silvinit" OJSC as 2100 Rubles per ton on the domestic market, the Cassation Court remanded the case for reconsideration to the Court of First Instance to verify the argumentations and statement made by the parties in the case.