Port operator PE Trans-Agro approached the Business Ombudsman Council over an issue with the delivery and pickup of railcars at a seaport. The company leased a storage area crossed by railway tracks needed for loading and unloading operations.
Under the agreement, the company used infrastructure that included port railway tracks. However, it could not enter into a direct agreement with the railway carrier for the delivery and pickup of railcars. Instead, it had to receive the service through another port operator — a state-owned enterprise that was, de facto, its competitor in this market segment.
This created dependence on another entity and posed risks to the company’s stable operations. The railway carrier refused to conclude a direct agreement because the tracks were already included in its agreement with the above-mentioned operator.
The Council analyzed the situation and noted that the issue was not the technical possibility of using the tracks, but the way access to them was organized. The applicable rules allow agreements on the delivery and pickup of railcars to be concluded not only with the primary user of the tracks, but also with other entities whose facilities are serviced through these tracks.
The Council contacted the railway carrier and other involved parties, proposing that they find a solution that would take into account the complainant’s interests and the operational specifics of port and railway infrastructure.
As a result, the company concluded a direct agreement for the delivery and pickup of railcars. This enabled the business to independently organize key railcar operations.
