OREANDA-NEWS. May 06, 2010. The 9th Arbitration Appeal Court dismissed the claim of "Anapa" Airport" OJSC and confirmed validity of the decision made by the Federal Antimonopoly Service (FAS Russia), reported the press-centre of FAS Russia.

On 24th June 2009, the Federal Antimonopoly Service (FAS Russia) found that "Anapa" Airport" OJSC violated Part 1 Article 10 of the Federal Law "On Protection of Competition" (abusing market dominance). FAS Russia did not issue a determination because the company terminated its activities for supplying fuel to aircrafts.

"Anapa" Airport" OJSC violated the law because it evaded providing "Aeroflot - Russian Airlines" OJSC possibility to deliver its own fuel to Anapa airport (Vityazevo), which resulted or could have resulted in infringing the interests of "Aeroflot - Russian Airlines" OJSC and restricting competition on the market of air transportation.

"The FAS Russia's decision is aimed at developing competition in air transportation and ensuring non-discriminatory access to airport services, including services of fuel-and-refueling complexes", said Anatoly Golomolzin, Deputy Head of FAS Russia.

"Recently FAS Russia has completed considerable systemic work on developing competition in this field", adds Mr Golomolzin. "FAS considered dozens of cases on violating the antimonopoly law from Vladivostok to Kaliningrad.

As a consequence, the rights of passengers for choosing airlines are extended, and the cost of aviation fuel is reduced, which leads to reducing airfare. The Rules for non-discriminatory access to airport services, including fuel-and refueling services, are very important: and FAS Russia devised the draft Rules, which were approved by the Government of the Russian Federation".

Confirming legitimacy of FAS Russia's decisions on providing access to airport services and infrastructure by the Courts shows building-up of the necessary enforcement practice on providing access to airport services.

Under Article 14.31of the Code of the Russian Federation on Administrative Violations, abusing market dominance is punishable by an administrative fine for legal entities - from 1 to 15% of total income of violator from selling goods on the market where the violation was committed in the year, preceding the year when the violation was discovered, but no more than 2% of the total income from selling all goods.

"Anapa" Airport" OJSC is fined 400,000 Rubles. The company is challenging the fine at court of law.