Moscow Federal District Arbitration Court dismissed the cassation appeal of Rosmorport FSUE from a judgment of FAS
Moscow Federal District Arbitration Court dismissed the cassation appeal of Rosmorport FSUE from a judgment of Federal Antimonopoly Service. Earlier FAS of Russia found Rosmorport FSUE (Vladivostok and Vostochnyi branches) to be a violator of the Law On ompetition and limitation of monopoly activities at product markets. According to FK-Novosti referring to the press service of RF FAS, the violation has been expressed through activities having led to limitation and elimination of competition as well as infringement of other companies’ interests (Orion Service Co.Ltd and Port-Eco Co.Ltd), as well as through dictating terms to counteragents as regards non-profitable ecological services (unjustified alienation of facilities).
Vladivostok and Vostochnyi branches of Rosmorport FSUE prevented access of business units to the market of ecological services at the ports of Nakhodka, Vostochnyi, Vladivostok. Rosmorport FSUE used to sign with business units agreements for collecting of shipboard waste. The payment used to be done from ecological charges in percent from actual amount of ecological charges collected by the branches from the vessels serviced by executors. Upon the results of proceedings the committee of Russia’s FAS ordered Rosmorport FSUE (Vladivostok and Vostochnyi branches) to stop violation of antimonopoly legislation and to conclude agreements with Orion Service Co.Ltd and Port-Eco Co.Ltd on transfer of actual amounts of ecological charges collected by Rosmorport FSUE from agency companies whose vessels are serviced by these companies. Rosmorport FSUE having not agreed with the decision and order of Russia’s FAS challenged them in a judicial procedure. Arbitration Court, appellate and cassational instances confirmed lawfulness of FAS’s judgment in respect of Rosmorport FSUE.