Court Dismissed Claim of Gazpromneft-Kuzbass on FAS Determination
OREANDA-NEWS. On July 15, 2009 the Kemerovo regional Arbitration Court dismissed the claim of "Gazpromneft'-Kuzbass" CJSC on invalidating and annulling the FAS Russia's determination about imposing administrative charges upon the company for engaging in concerted actions forbidden by the antimonopoly legislation. The fine imposed upon the company is 25,269,836 Rubles, reported the press-centre of FAS Russia.
On 9th April 2008, FAS Russia found that "Gazpromneft'-Kuzbass" CJSC and "Tomsknefteproduct" VNK" OJSC violated Part 1 Article 11 of the Federal Law "On Protection of Competition". Investigating the case, FAS Russia established that in January 2007- January 2008 "Gazpromneft'-Kuzbass" CJSC and "Tomsknefteproduct" VNK" OJSC maintained the same price level and simultaneously increased the retail prices for motor petrol (AI -80, АI-92, АI-95 (АI-96) and diesel fuel on the Tomsk local market of oil products for the same price addition.
The case against "Gazpromneft'-Kuzbass" CJSC was initiated upon the analysis of the data from weekly monitoring of wholesale and retail prices for oil products.
Based on its decision about recognising the fact of an antimonopoly violation, FAS Russia issued determinations to the companies, requesting them to stop the violations and restore competitive conditions. FAS Russia also initiated administrative proceedings and imposed administrative charges (fines) upon the companies under Article 14.32 of the Code of Administrative Violations.
The decision and the determination of the antimonopoly authority were contested judicially by the participants of concerted actions. The Federal Arbitration Court of the Moscow District ruled that the FAS Russia's decision and determination were valid and legitimate.
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