OREANDA-NEWS. August 18, 2014. The Federal Antimonopoly Service (FAS Russia) received a petition of “Rosneft” NK” OJSC about a refusal to provide access of third parties to the gas-transportation infrastructure of the “Sakhalin-2” project.

Upon the results of investigating the petition, on 10th July 2014 FAS sent a warning to “Sakhalin Energy Investment Company” Ltd. on terminating actions (omissions) that have signs of violating the antimonopoly law, according to which the company was supposed to consider by 31st July 2014 the applications filed by “Rosneft” NK” OJSC and, if there is economic and (or) technological possibility to make decisions on concluding contracts for technological connection to the trans-Sakhalin pipeline system owned by “Sakhalin Energy Investment Company” Ltd., and on providing services for transporting gas via this gas-pipeline.

To execute the warning, “Sakhalin Energy Investment Company” Ltd. reported to FAS that it lacked technological possibility to conclude contracts for technological connection to trans-Sakhalin pipeline system. At the same time, the company failed to submit documents that confirm lack of technological possibility to conclude the technological connection contract.

Having analyzed the documents submitted by the company, on 14th August 2014 FAS opened a case against “Sakhalin Energy Investment Company” Ltd.

In the FAS opinion, the company’s actions has elements of violating Clause 5 Part 1 Article 10 of the Federal Law “On Protection of Competition”: refusing to satisfy applications of “Rosneft” NK” OJSC for a contract for technological connection to the trans-Sakhalin pipeline system owned by “Sakhalin Energy Investment Company” Ltd.

Reference:

Clause 5 Part 1 Article 10. Prohibition of abusing dominance by an economic entity.

Economically or technologically unjustified refusals or avoiding concluding contracts with particular buyers (customers) if there is there is a possibility to produce or supply the relevant goods, and if such a refusal or avoidance are not directly provided for by the federal laws, normative legal acts of the President of the Russian Federation, normative legal acts of the Government of the Russian Federation, normative legal acts of the authorized federal executive bodies or judicial acts.