In the Tuesday, April 23 the Supreme Arbitration Court of the Russian Federation has put an end to the dispute over the unreasonably high prices for removal of solid waste in Vladivostok That operated in 2010-2011. By refusing LLC «Vostokstroyservis» in meeting the requirements to invalidate the decision and order of Primorsky FAS Russia abuse society paragraphs 3 8 and 10 of Part 1 of Article 10 of the Law «On Protection of Competition».
Recall that on August 29 2011 Primorsk FAS Russia considered the case against «Vostokstroyservis» and found that the company violated the Federal Law «On Protection of Competition», which resulted in a violation of the established regulations of the pricing procedure for recycling services (burial) of municipal solid waste (MSW), the imposition of counterparties unfavorable contract conditions disposal of solid waste and the creation of discriminatory conditions.
As it turned out, the company was charging a service fee for disposal of solid waste and has set itself a number of tariffs in excess of the Department of the Primorsky Territory tariff rates, in particular for the disposal of solid waste-limit, reception and large-sized debris from the municipal housing and commercial organizations. In addition the society itself has set limits in excess of charges that adversely affect the interests of others, and is a violation of antitrust laws, as the Company «Vostokstroyservis» occupies a dominant position. At the same time-limit for receipt of solid waste have been set different rates for different organizations that Primorsk FAS Russia qualified as the creation of discriminatory conditions.
Ltd. «Vostokstroyservis» appealed the decision of the antimonopoly authority and the courts of three instances consistently recognized the decision of FAS Russia Primorsky illegal. Feeling their case management went ahead and sent a supervisory appeal, which the Supreme Arbitration Court of Russia upheld.
As reported in the Seaside VestiRegion.ru FAS Russia, now made with the competition authority and the court decisions on removal of solid waste has the right to appeal to the independent claims on the Company «Vostokstroyservis» for the recovery of illegally obtained income from them.