The Moscow City Court dismissed the cassational complaints filed by the Federal Communications Agency and the State Committee on Radio Frequencies against a decision of the Presnensky District Court of the City of Moscow.

On 05.12.2006, the Moscow City Court considered two cassational complaints against decisions of the Presnensky District Court of the City of Moscow that upheld the legality of the actions of the Federal Antimonopoly Service (FAS of Russia) in the matter concerning violation of antimonopoly legislation № 1 07/600-05.

On 01.03.2006, the FAS of Russia reached a decision that deemed the actions of the State Committee on Radio Frequencies (SCRF) as a violation of art. 7 of the Law of the RSFSR “On competition and the limitation of monopolistic activity on commodity markets.” On the basis of this decision, on 15.03.2006 the Committee of the FAS of Russia issued an instructing order to the SCRF. The grounds for the administrative consideration were the actions of the SCRF as a result of which OJSC “VimpelKom” was faced with discriminatory conditions in its activity on a number of communications service markets, expressed in the non-issue of radio frequencies.

The Presnensky District Court of the City of Moscow declined the applications made by the SCRF and the Federal Communications Agency (Rossvyaz) for the acknowledgement of the FAS of Russia decisions and instructions as contrary to the law.

In the court hearings of the matter, advocates of the Law Firm “YUST”, representing the interests of OJSC “VimpelKom” argued, inter alia, that the frequencies requested by OJSC “VimpelKom” were allocated by the SCRF to other economic subjects.

The Presnensky District Court of the City of Moscow upheld the arguments of the advocates of the Law Firm “YUST”, and reached the conclusion that by its arbitrary allocation of frequencies to certain economic subjects and refusal to do the same for others, the SCRF limited competition on the communications services market in a number of regions.

The Moscow City Court found no grounds for the revocation of the decisions of the Presnensky District Court of the City of Moscow, and dismissed the complaints filed by the SCRF and Rossvyaz.