Transneft-Service Lost another Lawsuit to Antimonopoly Body
OREANDA-NEWS. January 25, 2012. The Courts of two instances dismissed the claims of “Transneft-Service” Ltd. on invalidating the decision of Primorie OFAS Russia, reported the press-centre of FAS Russia.
The Court of Second Instance upheld the decision and determination of the Office of the Federal Antimonopoly Service in the Primorie region (Primorie OFAS Russia) issued earlier to “Transneft-Service” Ltd.
The company has already challenged the decision of the antimonopoly body at the Primorie Regional Arbitration Court. “Transneft-Service” Ltd. claimed that the antimonopoly body wrongly determined the boundaries of the goods market. However, the antimonopoly body presented documents of OFAS enquiries to specialized organizations that confirmed that Kozmino port – the only sea terminal in the Primorie region for oil-bunk stowage on large-capacity tankers, and “Transneft-Service” Ltd. – is the only company servicing vessels in the bay. Having investigating the case materials, the Court upheld the conclusions of Primorie OFAS Russia regarding “Transneft-Service” Ltd.
Earlier, Primorye OFAS Russia received a complaint from “ISS –Prisco” Ltd. against “Transneft-Service” Ltd. The company failed to consider petitioner’s letters with offers to conclude a contract for servicing vessels in Kozmino village, the Primorie region.
Having investigated the complaint, the antimonopoly body found actions of “Transneft-Service” Ltd. unlawful and violating Part 1 Article 10 of the Federal Law “On Protection of Competition”. Primorye OFAS Russia issued a determination to the company to eliminate the violation.
“The port in Kozmino village is not a closed, private area when only “Transneft” subsidiaries can work. Therefore, we are undertaking all possible measures to ensure that access to the port is open to all sea agents”, commented the Head of Primorye OFAS Russia, Mr. Viktor Tryakin.
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