OREANDA-NEWS. September 03, 2008. The Office of the Federal Antimonopoly Service in the Yakutia Republic (OFAS Russia) fined "Sakhaenergosbyt" OJSC 6 949 550 Rubles for preventing access to the oil products market in Yakutsk, reported the press-centre of FAS Russia.

The case was initialed upon a petition of "Yakol" Oil Company" CJSC, which stored oil products in the reservoirs of "Yuakutskaya Petroleum Storage Depot", a branch of "Sakhaenergosbyt" OJSC, in accordance with the contract signed between the two companies. On 19th May 2008, "Sakhaenergosbyt" OJSC refused to serve out petrol from the storage to "Yakol" Oil Company" CJSC, explaining it by the company's indebtedness.

Under the current legislation, when payment for storage was overdue, "Sakhaenergosbyt" OJSC had the right of refusing to honour its contract obligations and requesting (demanding) "Yakol" Oil Company" CJSC to immediately collect the oil products put for storage, or "Sakhaenergosbyt" OJSC could appropriate the oil products or sell them and consider the gained amount as debt recovery. Instead of fixing-up the situation, "Sakhaenergosbyt" OJSC unreasonably stopped serving out the oil products and, therefore, created obstacles for "Yakol" Oil Company" CJSC preventing its access to the goods market in Yakutsk.

Article 10 of the Federal Law "On Protection of Competition" prohibits the actions of an economic entity with dominant position that result or may result in preventing, restricting, or eliminating of competition and (or) infringing the rights of other persons, in particular, by creating obstacles for access of other economic entities to the goods market.