Court Marked Legitimacy of Fine for Lukoil-Nizhnevolzhsknefteproduct
OREANDA-NEWS. February 28, 2011. Penza Regional Arbitration Court pronounced legitimacy of the 13.5-million Rubles fine imposed by the Penza Office of the Federal Antimonopoly Service (OFAS Russia) upon “Lukoil-Nizhnevolzhsknefteproduct” Ltd., reported the press-centre of FAS Russia.
The Court also confirmed legitimacy of the 10.5-million Rubles fine imposed by the antimonopoly body upon “Penzanefteproduct” CJSC.
Having verified and analysed the data obtained through weekly monitoring of prices for oil products in the Penza region, the antimonopoly body discovered the signs of “Lukoil-Nizhnevolzhsknefteproduct” Ltd. and “Penzanefteproduct” CJSC maintaining unreasonably high prices for motor petrol and diesel fuel of various grades.
In April 2009, Penza OFAS Russia found that “Lukoil-Nizhnevolzhsknefteproduct” Ltd. and “Penzanefteproduct” CJSC violated Clause 1 Part 1 Article 11 of the Federal Law “On Protection of Competition” by fixing and maintaining unjustified prices for oil products (motor petrol grades АI-76 (80), АI-92 and АI-95 (96), and diesel fuel) in Penza.
Under Article 14.32 of the Code of the Russian Federation on Administrative Violations, upon establishing the fact of concerted actions the antimonopoly body fined “Lukoil-Nizhnevolzhsknefteproduct” Ltd. and “Penzanefteproduct” CJSC in total 24 million Rubles.
The oil companies filed the lawsuit challenging the fines imposed by determinations issued by Penza OFAS Russia. However, Penza Regional Arbitration Court ruled that the antimonopoly body acted in accordance with the law and within the scope of its reference.
“Identifying and suppressing concerted actions of “Lukoil-Nizhnevolzhsknefteproduct” Ltd. and “Penzanefteproduct” CJSC and making the companies administratively liable was the result of efficient work of the officers of our antimonopoly body”, said the Head of Penza OFAS Russia, Mr. Anatoly Avdeev. “The positive Court ruling confirmed validity of prompt and stringent measures of antimonopoly control to be applied by the antimonopoly body should such conduct of market participants is revealed”.
Reference:
Clause 1 Part 1 Article 11 of the Federal Law “On Protection of Competition” prohibits agreements between economic entities or concerted actions between economic entities on the goods market if such agreements or concerted actions lead or can lead to fixing or maintaining prices (tariffs), discounts, mark-ups, surcharges.
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