OREANDA-NEWS. November 15, 2012. The 9th Arbitration Appeal Court upheld the decision of Moscow Arbitration Court that “Gazprom” OJSC violated Part 1 Article 10 of the Federal Law “On Protection of Competition”, reported the press-centre of FAS Russia.

Thus, the Courts of two instances confirmed legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) regarding “Gazprom” OJSC on the case on an unreasonable refusal to provide access to the company’s gas-transportation system.

“Gazprom” OJSC unreasonably refused to provide “Real-Gaz” Ltd. access to the company’s gas-transportation system. The gas monopolist did not grant the application of “Real-Gaz” Ltd. for access to the gas-transportation system and refused to conclude a gas-transportation contract.

Such unlawful actions of “Gazprom” OJSC pushed “Real-Gaz” Ltd. from the gas market forcing the customer to buy gas from its subsidiary.

“On the gas market there are problems with access of independent gas producers to the major gas pipelines, in particular, the gas-transportation systems of “Gazprom” OJSC”, pointed out the Head of FAS Department for Control over Fuel-and-Energy Complex, Nadezhda Dianova. She emphasized that “apart from owning the gas-transportation system, “Gazprom” OJSC is also the largest producing organization, which creates the conflict of interests and in some incidents results in refusing access of independent organizations to the gas-transportation system”.

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In the past several years FAS and its regional Offices considered dozens of such cases on the gas market. FAS has devised a drat Decree for providing non-discriminatory access to the major gas pipelines in the Russian Federation. At the moment the draft Decree is being considered by federal executive bodies.