OREANDA-NEWS. May 31, 2008. The Federal Arbitration Court of the Moscow District confirmed validity of the decision a determination issued by the Federal Antimonopoly Service (FAS Russia) against "Nizhnekamskneftekhim" OJSC. Therefore, the company must transfer to the federal budget 7,9 m Rubles, reported the press-centre of FAS Russia.

On 5th February 2008, the 9th Arbitration Appeal Court allowed the appeal of the Federal Antimonopoly Service (FAS Russia) and revoked the ruling of the Moscow Arbitration Court on the case of "Nizhnekamskneftekhim" OJSC.

Earlier, on 12th February 2007, FAS Russia recognized that actions of "Nizhnekamskneftekhim" OJSC on using various principles the rates for transportation of ethylene via the major ethylene pipeline "Salavat-Sterlitamak-Ufa-Nizhnekamsk-Kazan" in the I quarter 2006 for "Caustic" OJSC (Sterlitamak) and for other customers violated Clause 8 Part 1 Article 10 of the Federal Law "On Protection of Competition".

Having considered the case, FAS Russia issued a determination to "Nizhnekamskneftekhim" OJSC on transferring the income, obtained due to antimonopoly violations, to the federal budget.

According to the determination of the antimonopoly body, "Nizhnekamskneftekhim" OJSC must transfer 7 901 178 Rubles to the federal budget.

"Nizhnekamskneftekhim" OJSC disagreed with the FAS Russia's decision and determination and appealed against the legal acts by the antimonopoly body.

On 22nd November 2007, the Moscow Arbitration Court pronounced the FAS Russia's decision and determination of 12th February 2007 invalid. FAS Russia appealed against the ruling of the Moscow Arbitration Court to the 9th Arbitration Appeal Court. The Court of the Appeal Instance allowed the appeal of FAS Russia.

"Nizhnekamskneftekhim" OJSC filed a cassation appeal to the Federal Arbitration Court of the Moscow District. The Federal Arbitration Court of the Moscow Region sustained the ruling of the 9th Arbitration Appeal Court, while the cassation appeal of "Nizhnekamskneftekhim" OJSC was dismissed.

Therefore, the Court fully confirmed legality of the FAS Russia's decisions regarding "Nizhnekamskneftekhim" OJSC.

Currently the Court is also processing the FAS Russia's statement of claim on forcing "Nizhnekamskneftekhim" OJSC to execute a previous determination of the antimonopoly authority on transferring to the federal budget the profit of 71 m Rubles gained as a result of a similar violation, committed in 2005.