OREANDA-NEWS.  On 04 June was announced, that the Federal Arbitration Court of the Moscow District allowed the cassation appeal of the Federal Antimonopoly Service (FAS Russia). The Court revoked the rulings of the Court of the First Instance and the Court of the Appeal Instance and passed a new judicial act, dismissing the claims of "Gazpromneft'-Kuzbass" CJSC and "Tomsknefteproduct" VNK" OJSC on invalidating the decision and determination of FAS Russia, according to which "Gazpromneft'-Kuzbass" CJSC and "Tomsknefteproduct" VNK" OJSC had been violating Clause 1 Part 1 Article 11 of the Federal Law "On Protection of Competition" from January2007 to December 2008.

In February 2008, FAS Russia established that "Gazpromneft'-Kuzbass" CJSC and "Tomsknefteproduct" VNK" OJSC were simultaneously fixing and maintaining the same level of prices. In retail sales of oil products in Tomsk and the Tomsk region, in particular, motor petrol grades AI-80 and AI-92 and diesel fuel. FAS Russia's conclusions were based on the monitoring of wholesale and retail prices for oil products. FAS Russia also monitored the prices of another market participant involved in retail distribution of oil products in Tomsk and the Tomsk region ("Agroservice" Ltd.); prices for the same oil products were different from the prices fixed by Gazpromneft'-Kuzbass" CJSC and "Tomsknefteproduct" VNK" OJSC. As such actions had elements of violating Article 11 of the Federal Law "On Protection of Competition", in March 2008 the antimonopoly authority initiated a case against "Gazpromneft'-Kuzbass" CJSC and "Tomsknefteproduct" VNK" OJSC for violating the antimonopoly legislation.

In April 2008, the FAS Russia's Commission found that "Gazpromneft'-Kuzbass" CJSC and "Tomsknefteproduct" VNK" OJSC violated Clause 1 Part 1 Article 11 of the Federal Law "On Protection of Competition" by exercising concerted actions for fixing and maintaining retail prices for oil products (motor petrol grades AI-80 and AI-92 and diesel fuel) on the Tomsk local retail market of oil products.

In follow-up of its decision, FAS Russia issued determinations to "Gazpromneft'-Kuzbass" CJSC and "Tomsknefteproduct" VNK" OJSC to stop violating the antimonopoly legislation.

"Gazpromneft'-Kuzbass" CJSC and "Tomsknefteproduct" VNK" OJSC disagreed with the decision and determination of the antimonopoly authority and appealed.

The Moscow Arbitration Court ruled to invalidate the FAS Russia's decision and determination regarding "Gazpromneft'-Kuzbass" CJSC and "Tomsknefteproduct" VNK" OJSC in full. The FAS Russia's appeal was not allowed. The Federal Arbitration Court of the Moscow District, however, revoked the rulings of the Courts of lower instances and passed a new judicial act, dismissing the claim of "Gazpromneft'-Kuzbass" CJSC and "Tomsknefteproduct" VNK" OJSC. Thus, the Federal Arbitration Court of the Moscow District confirmed legitimacy and rightness of the FAS Russia's decision and determination.

Judicial arbitration practice on applying Article 11 of the Federal Law "On Protection of Competition", formed by the Federal Arbitration Court of the Moscow District, facilitates development of competition and helps suppressing anticompetitive behaviour of economic entities.