Court Legitimized FAS Decision on Gazprom Neft and Lukoil
OREANDA-NEWS. February 02, 2009. The 17th Arbitration Appeal Court legitimized the decision and determination of the Office of the Federal Antimonopoly Service in the Sverdlovsk region (OFAS Russia) regarding "Yekaterinburgnefteproduct" OJSC (a subsidiary of "Gazprom Neft'" OJSC) and "Lukoil - Permnefteproduct" Ltd., which were fixing retail prices for oil products in a coordinated fashion, reported the press-centre of FAS Russia.
On 18th November 2008, the Sverdlovsk Regional Arbitration Court also confirmed the rightness of the Sverdlovsk OFAS Russia and upheld the decision, that "Yekaterinburgnefteproduct" OJSC and "Lukoil - Permnefteproduct" Ltd. violated the Federal Law "On Protection of Competition" by engaging in concerted actions on the retail oil products market in Yekaterinburg. The Court also upheld the determination to stop the violations, which was issued by OFAS Russia.
On 15th July 2008, the Sverdlovsk OFAS Russia recognized that the economic entities violated Clause 1 Part 1 Article 11 of the Federal Law "On Protection of Competition". The companies breached the Law by engaging in concerted actions towards fixing the same retail prices for oil products in Yekaterinburg.
The antimonopoly body issued a determination to "Yekaterinburgnefteproduct" OJSC and "Lukoil - Permnefteproduct" Ltd. to stop the violations. The companies must not repeat the actions on fixing prices in such a manner that they regularly match competitor's prices.
The decision and determination of the Sverdlovsk OFAS Russia that "Yekaterinburgnefteproduct" OJSC and "Lukoil - Permnefteproduct" Ltd. violated Clause 1 Part 1 Article 11 of the Federal Law "On Protection of Competition" entered into force on 27th January 2009.
Recognized violation of Article 11 of the Federal Law "On Protection of Competition" constitutes the grounds for imposing a fine under Article 14.31 31 of the Code of the Russian Federation on Administrative Violations - from one hundredth to fifteen hundredth of the proceeds gained by the violator from selling goods (works, services) on the market where the violation was committed.
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