Russia: Russian Railways infringes the interests of Heineken again, Federal Antimonopoly Service said

The Federal Antimonopoly Service found OJSC “Rossiyskie Zheleznye Dorogi” (Russian railways) to have violated Clause 10 of the Federal Law “On protection of competition”, according to Press-Service of the Federal Anti-Monopoly Service of Russia, April 2.

On March 24th 2008 the Federal Antimonopoly Service (FAS of Russia) found OJSC “Rossiyskie Zheleznye Dorogi” (Russian railways) to have violated Clause 10 of the Federal Law “On protection of competition” (abuse of dominant position).

The case has been handled on appeal of LLC “Pivovarnya Heineken” in the part for carrying out activities by a business entity holding a dominant position on the market of transportations of goods by railway aimed at non-admission, limitation and elimination of competition and infringement of interests of other business entities.

The infringement was expressed in the refusal of OJSC “RZHD” to conclude a contract for transportation of beer on special terms in specially equipped wagons. That forced the owners of the goods to use the equipment of a subsidiary company of OJSC «RZHD» - OJSC «Refservis» for transportation.

Earlier FAS of Russia applied for a similar violation (abuse by the carrier OJSC “RZHD” of the right to establish special terms of transportation of the goods – pasteurized beer) a commercial fine in the amount of RUR 22 780 000. At that time OJSC “RZHD” groundlessly refused OJSC “Pivovarennaya kompaniya “Baltika”, LLC “Pivovarnya Heineken” to conclude an agreement for transportation of pasteurized beer in proper, leased covered wagons in the summer and transition periods.

04 April, 2008