OREANDA-NEWS. February 03, 2009. The Federal Antimonopoly Service (FAS Russia) disagrees with the ruling of the St Petersburg Arbitration Court, which cancelled the administrative fine imposed upon "Gazprom Neft" OJSC for violations of the antimonopoly legislation (abusing dominant position) until the final decision on validity of the FAS Russia's conclusions, that actions of the oil company were illegal, is made, reported the press-centre of FAS Russia.

FAS Russia motioned to the St Petersburg Arbitration Courtо for a stay on the case until the judgment of the Moscow Arbitration Court on challenging the FAS Russia's decision and determination by "Gazprom Neft" OJSC comes into force. FAS Russia was guided by the fact that "Gazprom Neft" OJSC was made administratively liable under Article 14.31 of the Code of the Russian Federation on Administrative Violations on the grounds of breaching Article 10 of the Federal Law "On Protection of Competition" (abusing dominant position).

In all previous cases Russian Arbitration Courts first passed the ruling on the basis on the case merits, and only after that gave the verdict regarding the amount of the fine imposed upon an economic entity.

Igor Artemyev, the Head of FAS Russia, observed that "now there are "oddities" in decision-making in the cases against oil companies". Respecting the Court ruling, FAS Russia, nevertheless, believes that the St Petersburg Arbitration Court must have suspended the proceedings with reference to Article 143 of the Arbitration Procedural Code of the Russian Federation, because the case, challenging the decision on imposition of fine, could not have been resolved before passing the ruling on legitimacy of the FAS Russia's conclusions, that actions by "Gazprom Neft" OJSC had violated the antimonopoly legislation (abusing dominant position), in the lawsuit filed by "Gazprom Neft" OJSC".

FAS Russia will appeal the ruling of the St Petersburg Arbitration Court to the 13th Appeal Court.