OREANDA-NEWS. December 01, 2009. The Moscow Arbitration Court dismissed the claim of "Russky Solod" OJSC on invalidating and abolishing the decision of the Federal Antimonopoly Service (FAS Russia) on holding the companies administratively liable, reported the press-centre of FAS Russia, reported the press-centre of FAS Russia.

In September 2009, FAS Russia issued a determination to the companies - members of the group of persons of "Russky Solod" OJSC - requesting them to transfer to the federal budget more than 90,106, 843 Rubles for abusing their market dominance (in violation of Clause 1 Part 1 Article 10 of the Federal Law "On Protection of Competition").

The case was instated upon a petition of "Baltika" Brewing Company" OJSC.

The group of persons comprising "Russky Solod" Trading Company" Ltd., "Voronovo Malting Plant" CJSC, "Ostrogozhsk Malting Plant" Ltd. and "Orel Malting Plant" Ltd. violated the antimonopoly law by fixing monopolistically high price for light brewing barley malt (which is used for brewing) in 2008. It resulted/ could have resulted in increasing the cost of beer production.

Under Article 51 of the Federal Law "On Protection of Competition", a person whose actions were pronounced monopolistic activities in accordance with the procedures established by the law, and are forbidden by the antimonopoly legislation, must, upon a determination of the antimonopoly authority, transfer to the federal budget the income obtained as a result of such actions.

"Russky Solod" OJSC disagreed with the decision of the Antimonopoly Service and appealed; the Court, however, confirmed validity of the sanctions imposed by FAS Russia.