OREANDA-NEWS. October 26, 2010. The Federal Arbitration Court of the Moscow District confirmed validity of the decision and determination of the Federal Antimonopoly Service (FAS Russia) regarding “Khabarovsk Airport” OJSC, reported the press-centre of FAS Russia.

Earlier the rightness of the FAS Russia’s position was also confirmed by the Court of First Instance and the Appeal Court.

On 2nd October 2009, FAS Russia found that “Khabarovsk Airport” OJSC abused market dominance (in violation of Part 1 Article 10 of the Federal Law “On Protection of Competition”) on the market of services for providing aviation fuel.

“Aeroflot – Russian Airlines” OJSC asked “Khabarovsk Airport” OJSC to provide possibility to independently deliver company’s own fuel to refuel Aeroflot aircrafts in Khabarovsk airport. The cost of fuel would be cheaper that fuel offered by “Khabarovsk Airport” OJSC. Nevertheless, “Khabarovsk Airport” OJSC refused to provide possibility for “Aeroflot – Russian Airlines” OJSC to deliver company’s own fuel explaining its decision by the need to change technology of the work of the fuel and refueling complex of “Khabarovsk Airport” OJSC and to carry out repair works in the receiving terminal.

Therefore, “Khabarovsk Airport” OJSC refused to provide possibility for “Aeroflot – Russian Airlines” OJSC to deliver aviation fuel to “(new) Khabarovsk airport” in order to support centrally scheduled flights and provide fuel storage services.

Deputy Head of FAS Russia Anatoly Golomolzin said that such actions of “Khabarovsk Airport” OJSC restricted competition by preventing entry of “Aeroflot – Russian Airlines” OJSC to the market of aviation fuel and the market of services for providing aviation fuel. He stated that “possibility of air carriers to independently purchase fuel through organizing tenders, buying fuel at exchanges or concluding long-term contracts with fuel producers decreases its cost. Rich case practice, including cases against fuel-and-refueling complexes in airports, helped cut down the cost of into-plane fuelling by 1.5 times in comparison with the crisis period in 2008. In the overall costs structure, fuel expenses of air carriers reduced from 45% in 2008 to 24% in 2010. This is also of principal importance for reducing the air fare”.