OREANDA-NEWS. June 10, 2011. Nizhniy Novgorod Regional Arbitration Court confirmed legitimacy of the determination issued by the Office of the Federal Antimonopoly Service in the Nizhniy Novgorod region (Nizhniy Novgorod OFAS Russia) to impose administrative fines upon “Commesant-Plus” Ltd. and “Condor” Ltd. – 391,672.63 and 650,421.97 Rubles accordingly, reported the press-centre of FAS Russia.

On 16th February 2010, the Commission of Nizhniy Novgorod OFAS Russia found that “Commesant-Plus” Ltd. and “Condor” Ltd. violated Part 1 Article 11 of the Federal Law “On Protection of Competition”. “Commesant-Plus” Ltd. and “Condor” Ltd. followed the pricing policy of “LUKOIL-Volganefteproduct” Ltd. In 2008-2009 “Commesant-Plus” Ltd. and “Condor” Ltd. fixed their prices for motor fuel at 10-20 kopecks below prices of “LUKOIL-Volganefteproduct” Ltd. The companies tend to change their prices immediately after service stations of “LUKOIL-Volganefteproduct” Ltd. were changing their prices, regardless of the companies’ expenses and other objective factors on the goods market.

Nizhniy Novgorod OFAS Russia issued a determination to “Commesant-Plus” Ltd. and “Condor” Ltd. to stop violating the antimonopoly law. The Courts of three instances pronounced legitimacy and reasonableness of the decision and determination of the antimonopoly body.

Then Nizhniy Novgorod OFAS Russia issued a definition to hold “Commesant-Plus” Ltd. and “Condor” Ltd. administratively liable under Part 1 Article 14.32 of the Code of the Russian Federation on Administrative Violations and fined the company for the overall amount of over one million Rubles.

The companies filed a lawsuit challenging the decision of the antimonopoly body. However, Nizhniy Novgorod Regional Arbitration Court confirmed legitimacy of the conclusions made by Nizhniy Novgorod OFAS Russia regarding “Commesant-Plus” Ltd. and “Condor” Ltd.

“We believe it is natural that the Courts took the position that such conduct of participants of the fuel market is unacceptable”, commented the Head of Nizhniy Novgorod OFAS Russia, Mikhail Teodorovich. “In the today’s ruling the Court effectively pronounced that turnover fines for such violations are adequate sanctions. This is very timely ruling if we take into account the situation in the fuel market”.