OREANDA-NEWS. September 24, 2009. The Federal Arbitration Court of the Povolzhie District dismissed the claim of "OPTAN-Penza" Ltd. on invalidating the decision of the Penza OFAS Russia, reported the press-centre of FAS Russia.

At the end on December 2008, the Penza OFAS Russia found that the "Transport Department of the Government of the Penza Region", which is the only consumer in the Penza wholesale market of aviation kerosene, and "OPTAN-Penza" Ltd. violated Part 1 Article 11 of the Federal Law "On Protection of Competition" (exercising competition-restricting concerted actions).

The Commission of the Penza OFAS Russia established that executing a government contract the "Transport Department of the Government of the Penza Region" and "OPTAN-Penza" Ltd. entered into agreements for executing a government contract under conditions different from those stated for the auction. It created obstacles for other economic entities entering the wholesale market of aviation kerosene.

The "Transport Department of the Government of the Penza Region" and "OPTAN-Penza" Ltd. were issued a determination with the instructions to take necessary measures in order to ensure competition in the above goods market. In particular, the organizations were forbidden to conclude additional agreements about setting product prices for supplies of aviation kerosene in breach of the conditions, specified in the auction documentation for executing government contracts.

The Penza OFAS Russia fined "OPTAN-Penza" Ltd. more than 450,000 Rubles.

The Courts of all three instances confirmed legitimacy of the decision made by the antimonopoly body.