OREANDA-NEWS. October 19, 2010. Governed by Articles 28 and 33 of No.135-FZ Federal Law “On Protection of Competition” of 26th July 2006, the Federal Antimonopoly Service (FAS Russia) considered a petition (Registration No. 45615 of 24th September 2010) of “Novorossiysk Commercial Seaport” OJSC (location: 14, Portovaya St., Novorossiysk, 353901; main activities – handling and storing goods) on acquiring 100% shares of “Primorsky Commercial Port” Ltd. (location: B.O.Box 25, 16, Naberezhnaya Lebedeva, Primorsk, Vyborg District, Leningrad region, 188910; main activities – loading-unloading works, vessels servicing in the seaport) and would like to report the following, reported the press-centre of FAS Russia:

“Primorsky Commercial Port” Ltd. is included in the Register of natural transport monopolies for the services of ports and (or) sea terminals and exercises activities specified in Part 36 Article 6 of No.57-FZ Federal Law “On Procedures for Strategic Investments in Business Entities of Strategic Importance for National Defence and State Security” of 29th April 2008, and in accordance with Clause 2 Part 1 Article 3 of No.57-FZ Federal Law is an economic entity of strategic importance for national defence and state security.

Taking into account that the transaction is subject to mandatory approval by the Government Commission of the Russian Federation on Control over Foreign Investments, and under Part 3.1 Clause 2 Article 33 of No.135-FZ Federal Law “On Protection of Competition” of 26th July 2006, FAS Russia extended the period for petition consideration until the Commission makes its decision.

To consider the petition, and based on Articles 22 and 25 of No.135-FZ Federal Law “On Protection of Competition” of 26th July 2006, by 29th October 2010 “Novorossiysk Commercial Seaport” OJSC must submit:

1) a draft contract for buying-and-selling shares, specifying the buying price, for which the petitioner plans to acquire 100% shares of “Primorsky Commercial Port” Ltd.;

2) a drat contract for extension of credit facility, specifying the loan source, size and conditions (Clause 3.3 of the Form for submitting information to the antimonopoly body regarding petitions and notifications, specified in Articles 27 - 31 of the Federal Law “On Protection of Competition” and approved by No.129 FAS Russia’s Order of 17th April 2008).

Failure to submit information upon a request of the antimonopoly authority is liable under Article 19.8 of the Code of the Russian Federation on Administrative Violations.