Arbitration Court Upheld Ruling of Irkutsk Court on Rosneft
OREANDA-NEWS. March 06, 2009. The 4th Arbitration Appeal Court upheld the ruling of the Irkutsk Regional Arbitration Court, which earlier validated the decision of the Irkutsk Office of the Federal Antimonopoly Service regarding "Rosneft" Oil Company" OJSC. The "turnover" fine imposed upon the company exceeds 229 million Rubles, reported the press-centre of FAS Russia.
Earlier the Irkutsk OFAS found that "Rosneft" Oil Company" OJSC violated Clause 8 Part 1 Article 10 of the Federal Law "On Protection of Competition". "Rosneft" Oil Company" OJSC abused its dominant market position by creating advantageous conditions for buying oil products for its subsidiaries (in particular, "Irkutsknefteproduct") and discriminatory conditions for the buyers - not members of the group of persons of "Rosneft" Oil Company" OJSC. The Federal Law "On Protection of Competition" prohibits economic entities with dominant position on the goods market from exercising actions that can result in preventing, restricting or eliminating competition or infringing the interests of other persons/entities.
The company appealed the decision made by the Irkutsk OFAS to the Irkutsk Regional Arbitration Court, which in autumn 2008 confirmed the legitimacy of the conclusions made by the antimonopoly body. On 24th February 2009 the 4th Arbitration Appeal Court upheld the ruling of the Court of First Instance.
Recognized violation of Article 10 of the Federal Law "On Protection of Competition" constitutes the grounds for imposing a fine in the amount of 1% to 15% of the company's turnover in the preceding year on the market, where the violation was committed. In this case, the fine is calculated on the basis of the proceeds gained by "Rosneft" Oil Company" OJSC on the petrol market in Priangarye in the first quarter of 2009. The amount of the administrative fine is more than 229 million Rubles.
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