The Khanty-Mansi Autonomous Okrug – Yugra Arbitration Court has deemed unlawful the decision and order of the Khanty-Mansi Autonomous Okrug – Yugra Department of the Federal Antimonopoly Service (KhMAO DFAS) in respect of the actions of OJSC TransContainer.

As OJSC TransContainer’s Director for Legal Issues and Property Management, Viktor Markov, reported, in January of this year, the DFAS issued a decision deeming the actions of OJSC TransContainer, namely the imposition on a counteragent, IndustriesStal LLC, of freight forwarding agreement conditions which were unfavourable for such counteragent, to have breached the law “On the Protection of Competition”.

“After the conclusion of the agreement and the receipt of services from OJSC TransContainer, IndustriesStal applied to the KhMAO DFAS. The Department issued a decision to deem OJSC TransContainer’s actions to have breached the law “On the Protection of Competition”, and ordered the company to sign an agreement, taking into account IndustriesStal LLC’s discrepancy report,” Viktor Markov said.

TransContainer deemed the actions of the DFAS unlawful and applied to the Khanty-Mansi Autonomous Okrug – Yugra Arbitration Court with a request for the DFAS decision and order to be invalidated.

“The court established that the terms and conditions of the agreement offered to the client by our company were not discriminatory and did not infringe its interests, and that the representatives of the DFAS had taken a formal approach toward the consideration of the dispute and had not gained an insight into the case materials. In this connection, the DFAS decision was deemed unsubstantiated and invalid,” Viktor Markov said.