Court Dismissed Claim of Tatneft on Invalidating FAS Decision
OREANDA-NEWS. July 29, 2009. The Moscow Arbitration Court confirmed validity of the decision and of Federal Antimonopoly Service (FAS Russia) regarding "Tatneft" OJSC. FAS Russia found that the oil company violated the antimonopoly legislation in terms of unreasonably evading a contract as well as creating discriminatory conditions for entering the market of the oil-preparing services for a small oil producer, reported the press-centre of FAS Russia.
After initiating a case upon a petition of "VUMN" Ltd., the Antimonopoly Service was able to confirm that the petitioner's claim was justified.
Having investigated all circumstances of the case, the FAS Russia's Commission found that "Tatneft" OJSC violated Clause 5 Part 1 Article 10 of the Federal Law "On Protection of Competition" because the company evaded a contract with "VUMN" Ltd. for carrying out works and providing services without any economic or technological justification.
"Tatneft" OJSC also violated Clause 8 Part 1 Article 10 of the Federal Law "On Protection of Competition" by creating such conditions for entering the market entry of the oil-preparing services at Aktash UPVSN, when "VUMN" Ltd. Was put in an unequal position in comparison with other economic entities ("Tatoilgaz" OJSC and "Tatnefteotdacha" OJSC). Those actions infringed the interests of интересов "VUMN" Ltd.
FAS Russia did not issue a determination requesting the company to restore competitive conditions because "Tatneft" OJSC had voluntarily eliminated the antimonopoly violations and their consequences.
Nevertheless, FAS Russia imposed a "turnover" fine upon "Tatneft" OJSC in accordance with Article 14.31 of the Code on Administrative Violations.
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