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Rostelecom, OJSC,
Ekaterinburg

FAS compelled Russian Post FSUE to sign the contract with Ural-Press

22.03.2012
On January 23, 2012 the Ulyanovsk Department of the Federal Antimonopoly Service found that Russian Post, Federal State Unitary Enterprise represented by the Ulyanovsk Regional Department of the Federal Postal Service had violated Clause 5 Part 1 Article 10 of Federal Law «On Protection of Competition» (the prohibition on improper use of its dominant position on the market by a business entity).

Last August, the Ulyanovsk Department of the Federal Antimonopoly Service received a claim from Ural-Press Volga Region, LLC, regarding the actions of Russian Post FSUE represented by the Ulyanovsk Regional Department of the Federal Postal Service, in particular regarding the refusal to enter into a contract for handover of newspaper packs.

Previously, Ural-Press Volga Region, LLC, signed the contract with Kommersant-Volga, CJSC, under which Ural-Press Volga Region (the Agent) assumed responsibility for execution and performance of contracts for printed periodical subscription for the 1st and 2nd half year of 2010. The periodicals are owned by Kommersant-Volga (the Principal). The title to the periodicals is transferred by Kommersant-Volga, CJSC, to third parties (subscribers) when the periodicals are handed over to subscribers. To perform its obligations the contract entered into by and between Ural-Press Volga Region and Kommersant-Volga Ural-Press Volga Region must sign the contract for handover of newspaper packs with the respective postal service entity – the Ulyanovsk Regional Department of the Federal Postal Service – a branch of Russian Post FSUE.

The refusal of the Ulyanovsk Regional Department of the Federal Postal Service – a branch of Russian Post FSUE.to sign the contract with Ural-Press Volga Region regarding handover of newspaper packs is ungrounded and infringes on the interests of the latter.

The Ulyanovsk Department of the Federal Antimonopoly Service issued the order to Russian Post FSUE to ensure competition.
Thus, the court decision opened the way to effective practice preventing improper use of the dominant position on the market by monopolists.

 

 
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