On 20 October 2004, the Ninth Arbitration Court of Appeals confirmed the illegality of yet another decision of the Commission of the Ministry for Antimonopoly Policy of 11 February 2004 on the matter of bringing OJSC “Edinaya torgovaya kompaniya” [Sole Tr

In considering case № 1 05/4-04, the Commission of the Ministry for Antimonopoly Policy found that OJSC “Edinaya torgovaya kompaniya” had breached p.1 art. 5 of the Law on Competition, claiming that OJSC “ETK” had established a monopoly on high prices for caustic soda, thus forcing unfavorable contract conditions on customers.

Acting on behalf of OJSC “ETK”, the attorneys of the law firm “YUST” appealed against this finding with the Arbitration Court of the City of Moscow, basing their arguments for the acknowledgement of the decision made by the Commission on the unproven nature of the circumstances, cited by the Commission, and also on the lack of verification of a number of questions, essential for the reaching of a substantiated conclusion.

The Arbitration Court of the City of Moscow ruled in favor of OJSC “ETK” and declared the Decision of the Ministry for Antimonopoly Policy on case № 1 05/4-04 as invalid.

The antimonopoly state body rejected this ruling of the court and lodged an appeal in the relevant order. At a hearing on 20 October 2004, in which the attorneys of the law firm “YUST” participated as representatives of OJSC “ETK”, the Ninth Arbitration Court of Appeals confirmed the illegality of the Decision of the Commission of the Ministry for Antimonopoly Policy of 11 February 2004 regarding bringing OJSC “Edinaya torgovaya kompaniya” to book on charges of violating antimonopoly legislation under art. 5 of the Law on Competition.