Members of Lukoil Monopolistically Increased Fuel Prices, FAS
OREANDA-NEWS. September 15, 2009. The FAS Russia's Commission found that a group of persons - members of "Lukoil" OJSC ("Lukoil" OJSC) violated the antimonopoly legislation. "Lukoil" OJSC violated Part 1 Article 10 of the Federal Law "On Protection of Competition", which prohibits abusing dominant position, reported the press-centre of FAS Russia.
"Lukoil" OJSC abused dominant position by enabling unreasonable increase of wholesale prices in the first half of 2009, and creating discriminatory conditions for independent participants of the wholesale market of oil products. The company was also withdrawing oil products from circulation, which led to increased wholesale prices for fuel. It infringed the interests of other persons, consumers and restricted competition.
On 10th September 2009, FAS Russia also processed 8 administrative cases for failure to present information, and in each case the antimonopoly authority imposed a 500,000 Rubles fine. Overall, FAS Russia initiated 15 such cases against "Lukoil" OJSC.
Based on its decisions, FAS Russia will issue a mandatory determination with instructions regarding specific actions to be undertaken by the companies in order to stop the antimonopoly violations and eliminate their consequences.
Recognized violations of Article 10 of the Federal Law "On Protection of Competition" constitute the grounds for imposing a fine under Article 14.31 of the Code of the Russian Federation on Administrative Violations: 1 - 15% of the proceeds gained by the violator form selling goods (works, services) on the market where the violation was committed.
Earlier the group of persons - members of "Lukoil" OJSC already violated the antimonopoly laws on the market of oil products. The decision of the Antimonopoly Service was supported by the Courts. Determining the fine, FAS Russia may also take into consideration the fact of committing repeated violations and preventing antimonopoly investigations by the company.
Last year subsidiaries of "Lukoil" OJSC regularly breached the antimonopoly legislation in the regions. In particular, "Lukoil" OJSC abused its dominant position on relevant markets and was engaged in concerted actions with other companies aimed at maintaining monopolistically high prices at service stations throughout Russia.
For instance, in September 2008, the Pskov OFAS Russia made a decision regarding "Lukoil-Severo-Zapadnefteproduct" Ltd.; in autumn 2008the Tyumen OFAS Russia and the Chelyabinsk OFAS Russia found violations by "Lukoil -Uralnefteproduct" Ltd. In their regions; in summer 2008 the Sverdlovsk OFAS Russia discovered that "Lukoil-Perm'nefteproductт" Ltd. was engaged in concerted actions; etc. In those, as well as in some other cases, the decisions of the antimonopoly bodies were supported by several court instances, including Cassation Courts.
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