OREANDA-NEWS. On September 02, 2008 the Federal Antimonopoly (FAS Russia) finalized the case against "Gazprom" OJSC, reported the press-centre of FAS Russia.

The case was initiated upon a petition of "Trans Nafta" CJSC. "Gazprom" OJSC denied the company's access to the gas transmission system (GTS) for transporting gas to consumers in the Republic of Tatarstan (Naberezhnie Chelny and Nizhnekamsk Heating-and-Power Plants).

FAS Russia established that based on the gas supply contracts with "GazEnergoComplex" Ltd., "Trans Nafta" CJSC applied to "Gazprom" OJSC for the access to GTS due to the scheduled supply of 268.08 million m? of gas for the units of "Generation Company" OJSC - Nizhnekamsk and Naberezhnie Chelny Heating-and-Power Plants from January to 31st December 2008.

Later, gas supplies to the above customers increased by 500 million m in the same period and "Trans Nafta" CJSC submitted another application to "Gazprom" OJSC.

Out of the three possible outcomes of processing the applications (offering full access to GTS, offering partial access of denying the access to GTS), "Gazprom" OJSC chose the latter, referring to the failure by "Trans Nafta" CJSC to indicate the quantities of gas supplies to specific consumers. "Gazprom" OJSC also emphasized that fuel management at Naberezhnie Chelny Heating-and-Power Plant did not conform with the actual gas consumption, which, according to "Gazprom" OJSC could result in failure to take the agreed minimal quantities of gas, and gas accumulation in GTS.

FAS Russia established that the decision to deny access to GTS was made on the grounds that are not specified in the Regulation for the Access of Independent Organizations to the GTS of "Gazprom" OJSC. Furthermore, in breach of the Regulations, "Gazprom" OJSC made the decision to deny the access of "Trans Nafta" CJSC to GTS in spite of the fact that free gas transportation capacity of GTS exceeded the quantities requested by "Trans Nafta" CJSC, which was documented by "Tattransgaz" Ltd. - a gas transportation organization of "Gazprom" OJSC.

Investigating the case, FAS Russia clarified that the gas quantities to be transported and supplied by "Trans Nafta" CJSC (768.08 million m?), under separate applications or in total, did not exceed the fuel management fixed for Naberezhnie Chelny Heating-and-Power Plant, and "Trans Nafta" CJSC indicated the locations for transferring the gas to the consumers in its applications.

In 2006 and 2007, under similar circumstances, "Gazprom" OJSC already provided access to "Russian Gas Company" OJSC, in the quantities up to 1 208.292 and up to 683.4 million m accordingly, for transporting and supplying gas to Nizhnekamsk and Naberezhnie Chelny Heating-and-Power Plants.

At the same time, FAS Russia discovered a gas supply contract between "Generation Company" OJSC (the owner of the above heating-and-power plants) and "Tattransgaz" Ltd. (a member of the same group of persons with "Gazprom" OJSC), according to which the annual gas quantities supplied to Naberezhnie Chelny Heating-and-Power Plant exceed fuel management fixed for the Plant.

Denying both applications of "Trans Nafta" CJSC for the access to GTS (for 268.08 and 500 million m?) on the basis of the above grounds, "Gazprom" OJSC nevertheless allowed access to GTS from April to 31st December 2008 to its counteragents - "GazEnergoComplex" Ltd. in the quantities equivalent to the second application of "Trans Nafta" CJSC (500 million m). "GazEnergoComplex" Ltd. bought gas from "Trans Nafta" CJSC, while "Tattransgaz" Ltd. became the end supplier.

In violation of the established period, "Gazprom" OJSC delayed its decisions on the applications of "Trans Nafta" CJSC for 40 and 30 days accordingly.

Having analyzed the materials presented by the parties to the proceedings and the persons involved in the case, and having heard the explanations of the parties to the proceedings, FAS Russia confirmed that "Gazprom" OJSC unfoundedly (both economically and technologically) denied the access of "Trans Nafta" CJSC to the market of gas supplies and transportation in the Republic of Tatarstan, and put "Trans Nafta" CJSC in unequal conditions in comparison with other economic agents that supply and transport gas to the Republic of Tatarstan, including economic agents - members of the same group of persons with "Gazprom" OJSC.

Upon investigating the case, FAS Russia recognized that "Gazprom" OJSC violated the antimonopoly legislation.

The decision and determination on the case have been forwarded to the parties to the proceedings and the persons involved in the case in accordance with the established procedures.

Under Article 14.31 of the Code of the Russian Federation on Administrative Violations, affirmative decision on abusing dominant position constitutes the grounds for imposing a fine amounted to 1-15% of the net sales, gained by the violator on the relevant market in the year preceding the year when the violation occurred.