OREANDA-NEWS. January 20, 2011. The Appeal Court upheld the judgment of the Sverdlovsk Regional Arbitration Court, which confirmed legitimacy of the decision and determination issued by the Sverdlovsk Office of the Federal Antimonopoly Service (OFAS Russia) that “Russian Railways” OJSC (“RZhD” OJSC), in the person of Sverdlovsk Railways, violated the antimonopoly law, reported the press-centre of FAS.

Earlier Sverdlovsk OFAS Russia found that “RZhD” OJSC, in the person of Sverdlovsk Railways, violated Clause 5 Part 1 Article 10 of the Federal Law “On Protection of Competition”.

“RZhD” OJSC (Sverdlovsk Railway) evaded a contract with “Oboronsnabsbyt” OJSC although such contract was required under Clause 10 of the “Rules for Rail Transportation in Universal Containers”. The documents provided for introduction of amendments to the contract for operating non-public rail tracks owned by “Oboronsnabsbyt” OJSC in the part of receiving and delivering containers.

Sverdlovsk OFAS Russia also established that the Railway had failed to exercise the necessary actions towards opening Koltsovo railway station, of Sverdlovsk Railway. Under Article 15 of the Law “On Railway Transport in the Russian Federation”, upon receiving a petition from the owner of non-public railway siding (“Oboronsnabsbyt” OJSC) about opening a railway station to carry out container operations, Sverdlovsk Railway must have sent it to the Federal Railway Transport Agency (Roszheldor).

The Urals Office of Roszheldor inspected technical devices at Koltsovo railway station designed to accept and release the goods in universal containers using non-public rail tracks of “Oboronsnabsbyt” OJSC in order to verify whether they comply with the design, construction and commissioning standards. The inspection proved that it was possible to open Koltsovo railway station, of Sverdlovsk Railway.

On 15th October 2010, Sverdlovsk Regional Arbitration Court dismissed the claim of “RZhD” OJSC) and pronounced validity of the decision and determination issued by the antimonopoly body.

According to the Head of Sverdlovsk OFAS Russia, Ms. Tatiana Kolotova, executing the determination on the case will encourage competition on the market of rail transportation in universal containers.