ArmInfo.The legal service of the South Caucasian Railway CJSC prepared and submitted to the Administrative Court of Armenia a lawsuit demanding to cancel the decision of the State Commission for the Protection of Economic Competition on imposing a fine on the Company. The court accepted the lawsuit in the last days of 2018.
According to the press service of the company, the SCR considers that the commission's decision was made in violation of the law. The essence of the matter is that "AM Group" LLC has signed agreements with the South Caucasus Railway for the purchase of 40 wagons written off by technical condition, bringing it to a transportable state and subsequent transportation to Georgia. "AM Group" did not fulfill the obligations assumed by these contracts, in connection with which the SCR appealed to the court.
After the cancellation by the Compulsory Enforcement Service of judicial acts on the restrictions on judicial acts and bringing the cars into the transport state, SCR is ready to transport the cars. The company also presented to the parties a technical opinion on the impossibility of transporting the cars without bringing them into a transportable state. That is, SCR objectively did not have the technical ability to organize transportation, which was not properly studied and evaluated by the commission.
Based on the aforementioned, the SCR considers the contested decision of the State Commission for the Protection of Economic Competition of the Republic of Armenia to be biased. The company is counting on an objective and unbiased legal process.
To recall, on November 20, 2018, the anti-monopoly government body decided to apply a measure of liability for violation of the Law on the Protection of Economic Competition by the SCR. In particular, the commission considered that the Company had abused the dominant position and imposed a fine in the amount of 30 million drams. CJSC "South Caucasus Railway" is a 100% subsidiary of OJSC "Russian Railways" and carries out the concession management of Armenian railways. The railway infrastructure of Armenia was transferred to the concession management of SCR CJSC according to the concession agreement signed on February 13, 2008. The term of concession management is 30 years with the right to prolong for another 10 years.