Court Dismissed Claim of Tatneft on Revoking Resolution of FAS
OREANDA-NEWS. April 14, 2008. The Arbitration Court of the Republic of Tatarstan dismissed the claim of V. Shashin "Tatneft" OJSC on revoking the resolution of the Federal Antimonopoly Service (FAS Russia), which imposed a turnover fine 4 896 000 150 Rubles (under Article 14.31 of the Code of Administrative Violations) for abusing the dominant position, reported the press-centre of FAS Russia.
On 13th August 2007, FAS Russia recognized that "Tatneft" OJSC violated Part 1 Article 10 of the Federal Law "On Protection of Competition" (abusing dominant market position).
The case was initiated upon a petition of "VUMN" Ltd.
"Tatneft" OJSC violated the law by evading a work and services contract with "VUMN" Ltd. and creating discriminatory conditions for "VUMN" Ltd.
The Antimonopoly Service established that "VUMN" Ltd. is a subsurface user in various zones of the Makarvskoe and Verkhne-Urat'minskoe oil fields in the Republic of Tatarstan.
"Tatneft" OJSC has the dominant position on the market of the oil treatment services in the Republic of Tatarstan and offers oil treatment services to "VUMN" Ltd. at the Aktashsky plant (treatment of high-sulfur crude oil).
Having considered the case, FAS Russia recognized that "Tatneft" OJSC violated the antimonopoly legislation and issued a determination to eliminate the violations by entering into a contract with "VUMN" Ltd. for the second half of 2007. Moreover, FAS Russia made a decision to impose administrative charges (fine) upon the company.
"Tatneft" OJSC disagreed with such a decision and appealed to the Arbitration Court.
However, the Moscow Arbitration Court and the 9th Arbitration Appeal Court sustained the decision of the antimonopoly body that "Tatneft" OJSC committed an antimonopoly violation. The Arbitration Court of the Republic of Tatarstan also have not found the grounds to allow the appeal of "Tatneft" OJSC and, therefore, confirmed justness of the FAS Russia's determination on imposing the fine.
Комментарии