OREANDA-NEWS. September 17, 2009. The Federal Arbitration Court of the Moscow District confirmed validity of the decision of the Federal Antimonopoly Service (FAS Russia) that "Toplivno-Obespechivayuschaya Kompania [Fuel-Supplying Company]" CJSC (TOK CJSC) had violated the antimonopoly legislation, reported the press-centre of FAS Russia.

On 5th August 2008, FAS Russia found that "TOK" CJSC violated Clauses 1 and 5 Part 1 Article 10 of the Federal Law "On Protection of Competition". The company violated the law by fixing and maintaining monopolistically high prices for aviation fuel sold by "TOK" CJSC to its air carriers in "Yuzhno-Sakhalinsk" airport. Also "TOK" CJSC unreasonably refused to enter into a contract with "Vladivostok Avia" OJSC for accepting and storing aviation fuel owned by "Vladivostok Avia" OJSC, although "TOK" CJSC had the necessary technical capabilities.

"TOK" CJSC is included in the Register of Economic Entities that control over 35% of the relevant goods market, in the goods group "aviation fuel; supplies to aircrafts", within the geographic boundaries of the airport in Yuzhno-Sakhalinsk, with the market share over 65%.

The case was initiated upon a petition of "Vladivostok Avia" OJSC, to which "TOK" CJSC had refused to provide the services for storing aviation kerosene and fixed monopolistically high price.

"TOK" CJSC disagreed with the FAS Russia's decision and filed a lawsuit to the Moscow Arbitration Court. On 6th February 2009, the Court pronounced validity of the FAS Russia's decision and determination.

The 9th Arbitration Appeal Court revoked the ruling of the Court of the First Instance and allowed the claim of "TOK" CJSC.

FAS Russia disagreed with the conclusions of the Court of the Appeal Instance and filed a cassation appeal to the Federal Arbitration Court of the Moscow District. The Cassation Court revoked the ruling of the 9th Arbitration Appeal Court, and allowed the cassation appeal of FAS Russia, which confirmed legitimacy of the decision made by the antimonopoly authority.