Court: TNK-Yaroslavl Failed to Honour its Obligations
OREANDA-NEWS. April 17, 2012. Kostroma Regional Arbitration Court confirmed legitimacy of Kostroma OFAS Russia regarding “TNK-Yaroslavl” OJSC (the group of persons of “TNK-Yaroslavl” OJSC) upon a fact of abusing dominant position on the market (Clauses 3 and 8 Part 1 Article 10 of the Federal Law “On Protection of Competition”), reported the press-centre of FAS Russia.
The Commission of Kostroma OFAS Russia established that from 27th April to 4th May 2011 small wholesale segment stopped selling motor gasoline grades АI-92 and АI-95 to “independent” sellers of oil products in Kostroma. It was only possible to buy motor gasoline only at fuel filling stations, owned by “TNK-Yaroslavl” OJSC, which created shortage of oil products.
Nevertheless, the company had sufficient residual stock of oil products in petroleum storage depots, and there were no grounds for “TNK-Yaroslavl” OJSC to refuse to sell oil products to independent economic entities in full. Also, “TNK-Yaroslavl” OJSC concluded contracts with “independent” operators for supplying products without specifying a delivery schedule, product list (product selection) and quantity of goods. According to the contract, the company can unilaterally decrease a requested volume of fuel without explaining the reasons.
“This is a landmark case for our region. The “oil monopolists” must understand that under market relations companies should behave reasonably and in good faith”, explained the Head of Kostroma OFAS Russia, Mr. Oleg Reveltsev.
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