OREANDA-NEWS. December 09, 2008. The case was initiated because "Sakhaneftegazosbyt" OJSC unreasonably terminated distribution of oil products handed over to "Sakhaneftegazosbyt" OJSC for storage by "Yakol" Oil Company" CJSC, reported the press-centre of FAS Russia.

The Yakutsk OFAS Russia established that on 19th May 2008 "Sakhaneftegazosbyt" OJSC decided that "Yakol" Oil Company" CJSC was in debt to "Sakhaneftegazosbyt" and refused to discharge oil products to "Yakol" for the total amount over 110 000 liters, given to "Sakhaneftegazosbyt" under a storage contract.

Inspections of payments made by "Yakol" CJSC showed that the company did not own any sums to "Sakhaneftegazosbyt" when the keeper of oil products refused to deliver them. Preventive measures undertaken by "Sakhaneftegazosbyt" OJSC did not conform to the contract conditions and the current legislation. For instance, according to the contract, if the payment was delayed, the keeper of the oil products -"Sakhaneftegazosbyt" OJSC - could refuse to fulfill the contract obligations and demand "Yakol" to immediately take to oil products given for storage, or appropriate the stored goods for the amount of the debt, or sell them.

However, "Sakhaneftegazosbyt" OJSC failed to undertake the above actions and also failed to apply the right to return the goods accepted for storage in accordance with the Civil Code of the Russian Federation. Thus, "Sakhaneftegazosbyt" OJSC unreasonably failed to deliver oil products to the company, infringed its interests and created obstacles for the company's access to the sales market of oil products in Yakutsk.

"Sakhaneftegazosbyt" OJSC has dominant position on the market and has possibilities to influence the conditions of goods circulations on the relevant goods market. The company violated the legislation on competition resolving the dispute with "Yakol" CJSC. Having investigated the administrative case, the Yakutsk OFAS Russia fined "Sakhaneftegazosbyt" OJSC 6 949 550 Rubles for violating the antimonopoly legislation.