The grounds for overturning the earlier ruling were that the FAS had incorrectly determined EUROCEMENT’s market share when, making its original order, breaching the requirements of Russian Law. In particular the territorial limits of the market, for which the share should have been calculated, were incorrectly determined. The volume of cement produced by EUROCEMENT had also been calculated incorrectly.
On March 31, 2006 the 9th Court of Appeal of Moscow had confirmed the legal position of EUROCEMENT. This court had overturned an earlier FAS decision and order on the matter of EUROCEMENT when it was accused of breaching the antimonopoly law in October 2005.
Today the Arbitration Court of Moscow annulled the order of the Federal Antimonopoly Service, №272 of November 30, 2005, which had included the OJSC EUROCEMENT Group (“EUROCEMENT”) into the register of business entities that own more than 35% market share of certain goods. It also that its name be removed from the above mentioned monopoly register.