On 25th June 2009, the Office of the Federal Antimonopoly Service in the Penza Region (OFAS Russia) found that a branch of «RZhD» OJSC [»Russian Railways» OJSC]- Kuibyshev Railway violated Part 1 Article 10 of the Federal Law «On Protection of Competition».
The case against «RZhD» OJSC was initiated upon a petition of «Grabovo Car Plant» OJSC (»GRAZ» OJSC) about a possibility of unreasonable closure of a railway crossing (119 km, at the Grabovo station) and demand for payments for the crossing maintenance.
Investigating the case, the Penza OFAS Russia established that closure of existing crossings is regulated by the Instruction for Operating Railway Crossings. In accordance with the Instruction, closure of existing crossings, changing of their locations, as well as reconstruction of the closed crossing must be carried out under the procedures approved by the head of the relevant railway, and in agreement with the bodies regulating the auto-road, the organisation responsible for maintaining the auto-road and the State Traffic Control Inspection. The local self-government bodies must be informed about the forthcoming works at least two months prior the crossing closure.
In the case in question, a branch of «RZhD» OJSC notified «GRAZ» OJSC about closing the railway crossing in breach of the procedures established by the Instructions.
Having processed the case, the Commission of the Penza OFAS Russia issued a determination to «RZhD» OJSC requesting the company to stop the antimonopoly violation.
