OREANDA-NEWS. March 30, 2010. On 3rd March 2010, the 9th Arbitration Appeal Court dismissed the claim of "Avianeft" CJSC and confirmed validity of the decision and determination of the Federal Antimonopoly Service (FAS Russia).

On 10th June 2009, FAS Russia found that "Avianeft" CJSC abused market dominance (violating Part 1 Article 10 of the Federal Law "On Protection of Competition").

"Aeroflot-Russian Airlines" OJSC asked "Avianeft" CJSC about a possibility to independently supply its own aviation fuel, the cost of which is lower than the cost of fuel offered by "Avianeft" CJSC for refueling the aircrafts in Kaliningrad Airport. "Avianeft" CJSC refused a request of "Aeroflot-Russian Airlines" OJSC to deliver its own aviation fuel.

"Avianeft" CJSC explained its refusal by not having a license to store aviation fuel. However, this type of activities does not require licensing. Such problems do not arise when "Avianeft" CJSC supplies aviation fuel to "Aeroflot-Russian Airlines" OJSC and at the same time provides fuel supply services (including fuel storage).

Therefore, "Avianeft" CJSC violated the law by preventing independent access of "Aeroflot-Russian Airlines" OJSC to the market of aviation fuel and the market of aviation fluke supply services. Such actions infringe the interests of "Aeroflot-Russian Airlines" OJSC and restrict competition.

"Avianeft" CJSC filed a lawsuit to the Moscow Arbitration Court followed by an appeal to its judgment. The 9th Arbitration Appeal Court also confirmed the rightness of FAS Russia.