Federal Antimonopoly Service of Russia (FAS Russia) considers Kuibyshev railroad actions on overrating of non-public railway tracks use to be unfounded. According to the service, on December 8, 2009 Office of the Federal Antimonopoly Service in Penza region (OFAS Russia) found that the JSC "RZD", represented by the Penza branch - the subdivision of the Kuibyshev Railway abused it’s dominant market position (breach of Article 10 of the Federal Law "On Protection of Competition") and directed to eliminate these violations.
The case was initiated at the request of Volga-Ural Transport company in the person of the Penza Regional Network of JSC VolgaUralTrans (Penza RTC JSC VolgaUralTrans") due to the unjustified refusal to pass the locomotive for cars supply and removal from one connecting non-public railway track to another.
Considering the case OFAS Russia established that Penza RTK JSC VolgaUralTrans and a branch of JSC RZD made three agreements on the operation of three connecting non-public railway tracks. These connecting tracks are operated by a single locomotive of JSC VolgaUralTrans, carrying out car supply and removal from dead end tracks of Penza-4 station through its railway lines in the place of loading (unloading) of cargoes to customers.
In September 2009 Penza-4 station administration notified RTC JSC VolgaUralTrans that the passing of locomotive on railways Penza-4 station will be carried from one connecting track to the dead end tracks and back to the same connecting track. In the case the locomotive passes from one connecting track to another, JSC VolgaUralTrans will be charged with rate for intraterminal transportation. According to the applicant, these actions are the pure violation of previous agreements and inflict considerable cost increase for cars supply and removal. Besides, service levy is not admissible in this case, because RTK JSC VolgaUralTrans in Penza does not perform intraterminal cargo transfer, but only renders services in cars supply and removal .
"The actions of railway workers, aimed at obtaining undue income, could lead to infringement of interests of the consignees. We could not allow this to happen "- Anatoly Avdeev, the head of OFAS Russia in Penza said.
Kuibyshev Railway is a branch of JSC "RZD". Length of track in use is 11.3 thousand km. In 2008 the road handled 66.6 million tons of cargo.
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