Russia: Moscow Arbitration tribunal cedes Federal Antimonopoly Service of Russian Federation and brewers
On August 30, 2005 Arbitration tribunal of Moscow considered an application of “Russian Railways” JSC on invalidation of the Federal Antimonopoly Service decision of February 10, 2005 year. On November 2, 2004 “Russian Railways” JSC sent a telegram to its organization departments, which set a deadline for the perishable freight transportation in winter season – 10 days, the Russian Brewers Union said in an announcement.
Thus, “Russian Railways” JSC reduced an old deadline – 15 days and presented the producers with a fait accompli restricting their activity. According to the brewers, set deadlines as well as the offered terms of transportation force them to incur extra transport charges and losses, which have negative consequences for the enterprises’ economy.
Hence, having reduced the old terms with the telegram “Russian Railways” JSC doesn’t let the operators use their proper box cars reequipped for beer transportation, and create favorable conditions for the refrigerator cars, which provides the carrier with subsidiary earnings.
On February 10, 2005 Federal Antimonopoly Service (FAS) commission of Russia concluded that transportation term reduction by “Russian Railways” JSC violates antimonopoly law and rendered an order to the company on canceling the decision setting a deadline for the perishable freight transportation of 10 astronomical days.
“Russian Railways” JSC, in its turn, put in an application on invalidation of the FAS of Russia decision to the Arbitration tribunal of Moscow.
As a result of consideration of application, the court declared FAS of Russia decision of February 10, 2005 valid and reasoned.
“Russian Railways” JSC stand is based on a tendency to profit from its monopoly position and “twisting consumer’s arms” rather than from the quality of the provided services and efficient infrastructure,” – comments the head of the Executive Committee of Russian Brewers Union Viacheslav Mamontov on the Arbitration tribunal – in this connection brewers association considers the tribunal decision as impartial and hopes it will give a stimulus for “Russian Railways” JSC reconsideration of its stand concerning relations with consumers and services”.
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