OREANDA-NEWS. December 19, 2012.  The Office of the Federal Antimonopoly Service in the Khabarovsk region (Khabarovsk OFAS Russia) fined “Khabarovsknefteproduct” OJSC 9 million Rubles for discriminatory pricing and preventing entry of independent oil traders to the market.

Khabarovsk Regional Arbitration Court found that the company violated the Federal Law “On Protection of Competition”, supporting Khabarovsk OFAS Russia. OFAS also held administratively liable and fined 20 000 Rubles the General Director of “Khabarovsknefteproduct” OJSC.

Earlier Khabarovsk OFAS Russia received a petition of “Dalneftetorg” Ltd. regarding “Khabarovsknefteproduct” OJSC. The oil company requested “Dalneftetorg” Ltd. to submit applications for supplying oil products by the 10th day of the current month for the following month, while there were no such requirements for other economic entities. OFAS also established that “Khabarovsknefteproduct” OJSC fixed prices for the same groups of motor gasoline on a case-by-case basis by buyers (discriminatory pricing).

Khabarovsk OFAS Russia found that “Khabarovsknefteproduct” OJSC created discriminatory conditions and prevented market entry / exit of other economic entities (Clauses 8 and 9 Part 1 Article 10 of the Federal Law “On Protection of Competition”). The companies issued a determination to stop abusing dominant position by the economic entity and exercising actions aimed at supporting competition.

“Khabarovsknefteproduct” OJSC disagreed with the conclusions of Khabarovsk OFAS Russiaand filed a lawsuit. However, the Federal Arbitration Court of the Far East District upheld the judgment of Khabarovsk Regional Arbitration Court and the ruling of the 6th Arbitration Appeal Court that supported the position of Khabarovsk OFAS Russia.