OREANDA-NEWS. November 25, 2009. Currently "Nizhnekamskneftekhim" OJSC has transferred to the federal budget more that 42 of 70 million of the unlawfully obtained income due to antimonopoly violations on the market of the services for ethylene transportation via a major ethylene pipeline, reported the press-centre of FAS Russia.

On 27th February 2006, FAS Russia established that "Nizhnekamskneftekhim" OJSC was overrating the tariffs for ethylene transportation via a major ethylene pipeline "Salavat-Sterlitamak'Ufa-Nuzhnekamsk-Kazan" for one of the consumers "Caustic" CJSC (Sterlitamak, the Republic of Bashkortostan).

According to FAS Russia, the actions of "Nizhnekamskneftekhim" OJSC put a particular consumer in discriminatory conditions and imposed contract terms irrelevant to the subject of the contract for ethylene transportation.

The Antimonopoly Service issued a determination to "Nizhnekamskneftekhim" OJSC to transfer пto the federal budget the income obtained due to violations of the antimonopoly legislation (more than 70 million Rubles).

"Nizhnekamskneftekhim" OJSC appealed the decision and determination issued by the FAS Russia's Commission but the Courts of all instances pronounced them legitimate and justified, and the FAS Russia's decision and determination came into force", said Teimuraz Kharitonashvili, the Head of the Department for Control of the Chemical Industry and the Agro-industrial Complex.

Nevertheless, "Nizhnekamskneftekhim" OJSC failed to execute the FAS Russia's determination and FAS Russia approached the Arbitration Court of the Tatarstan Republic.

In February 2008 the Arbitration Court of the Tatarstan Republic, and later the Appeal and the Cassation Courts confirmed the rightness of the FAS Russia's position regarding "Nizhnekamskneftekhim" OJSC.

However, the Constitution Court of the Russian Federation ruled to reconsider the decisions regarding "Nizhnekamskneftekhim" OJSC with due account of the constitutional legal meaning of the provisions of the antimonopoly legislation (the authority of the antimonopoly bodies to issue determinations for recovering income to the budget). The Arbitration Court of the Tatarstan Republic reconsidered the case on a claim of FAS Russia against "Nizhnekamskneftekhim" OJSC and once again satisfied the claim of the antimonopoly body.

"It is only fair that after three years of litigation the company has started executing the determination, which is obvious to us and validity of which was confirmed by all court instances", concluded Andrey Tsyganov, Deputy Head of FAS Russia.