On 5th May 2008, the Federal Arbitration Court of the Moscow District dismissed the cassation appeal of the Federal Service for Veterinary and Phytosanitary Supervision (Rosselkhoznadzor), asking the Court to pronounce invalidity of the decision and determination issued by the Federal Antimonopoly Service (FAS Russia).
Earlier FAS Russia recognized that Rosselkhoznadzor violted Clause 2 Part 1 Article 15 the Federal Law «On Protection of Competition» and issued a determinations to stop the violations.
The case was processed upon a petition of «SZhS Vostok Limited» CJSC (Moscow), «Control Union» CJSC (Moscow), «Rosinspectorate» CJSC (Moscow), and «Kotekna Inspection (Vostok)» Ltd. (Moscow) that requested to ñ verify whether the actions of Rosselkhoznadzor were in compliance with the antimonopoly legislation.
Rosselkhoznadzor violated the laws by refusing to consider applications for accreditation of the above economic entities, which intended to carry out quality assessment of grain and grain processing products. Therefore, Rosselkhoznadzor prevented economic activities of market agents.
Having considered the case, FAS Russia recognized that Rosselkhoznadzor violated the antimonopoly legislation and issued a determination to eliminate the violations.
Rosselkhoznadzor disagreed with the decision and determination by the antimonopoly authority and appealed.
The ruling of the Moscow Arbitration Court confirmed validity of the decision and determination issued by FAS Russia to Rosselkhoznadzor. The 9th Arbitration Appeal Court dismissed the appeal of Rosselkhoznadzor, and sustained the ruling of the Court of First Instance. Thus, the FAS Russia's decision regarding Rosselkhoznadzor came info force.
The Federal Arbitration Court of the Moscow District also dismissed the cassation appeal of Rosselkhoznadzor and, therefore, confirmed validity of the FAS Russia's decision and determination issued upon processing the case on violating the Federal Law «On Protection of Competition» by Rosselkhoznadzor.
