Ruling of the RF SAC of 14 May 2012 No. VAS-991/12, resolution of the Presidium of the RF SAC of 30 July 2012 on case No. А53-19443/2010 (as of 27 August 2012, the full text of the resolution has not yet been published)

25.09.2012

State arbitration courts have considered a dispute between the state antitrust authority and Russian Railways JSCo, as a result of which RZD JSCo was recognised as having violated article 10 of the Law  “On Protection of Competition” (abuse of dominant position in the form of imposing on passengers voluntary accident insurance services by executing insurance policies and rail tickets on the same equipment).

The Commission of the FAS Administration established that ticket sellers of RZD JSCo, being insurance agents of OAO Insurance Company JASO, when selling passengers tickets, at the same time executed insurance policies without obtaining the passengers’ consent to this.

Please note the court’s conclusion that, in order to class an action on the part of a commercial entity as abuse of dominant position, dominance must be proved on the market for provision of the service for which consumers apply and not that imposed on them.

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