OREANDA-NEWS. On February 04, 2009 the Moscow Arbitration Court dismissed the claim of "Toplivnoobespechivayuschaya Kompania" CJSC ("TOK" CJSC) on invalidating FAS Russia's decision and determination. On 15th October 2008 the Federal Antimonopoly Service (FAS Russia) found that "TOK" CJSC violated the antimonopoly legislation and fined the company 10 542 470 Rubles, reported the press-centre of FAS Russia.

"TOK" CJSC violated the law by fixing and maintaining monopolistically high price for aviation kerosene sold by the legal entity to consumers - air carriers in Yuzhno-Sakhalinsk airport. Also "TOK" CJSC refused, without any economic or technological justification, to enter into contract with "Vladivostok Avia" OJSC for acceptance and storage of air carrier's aviation fuel.

Under Clause 1 Part 1 Article 10 of the Federal Law "On Protection of Competition", economic entities that have dominant market position cannot fix or maintain monopolistically high goods prices.

Clause 5 Part 1 Article 10 of the Federal Law "On Protection of Competition" prohibits economically or technologically unjustified refusal or evasion from signing contracts with individual buyers (clients) by economic entities that have dominant market position, if there is possibility for production or supplies of the goods as well as if such a refusal or evasion are not directly specified in the federal laws, normative legal acts of the Government of the Russian Federation, normative legal acts of the of the authorized federal executive bodies, or judicial acts.