OREANDA-NEWS. November 25, 2009. The Federal Antimonopoly Service (FAS Russia) will lodge an appeal against the judgment of the Arbitration Court of St Petersburg and the Leningrad Region, that revoked the FAS Russia's decision about abuse of dominance by "Gazpromneft" on the wholesale oil products market in the first half of 2009 and the order for imposing a fine in the amount of 4.6 billion Rubles, reported the press-centre of FAS Russia.

"We will use our right to appeal the court judgment. We trust that the Court did not take into account all FAS arguments and we are prepared to prove our rightness at higher instances", said Andrey Kashevarov, Deputy Head of FAS Russia.

Earlier FAS Russia found that "Gazpromneft" OJSC abused its dominance on the wholesale oil products market in the Russian Federation, created discriminatory conditions for independent participants of the wholesale oil products market, and was withdrawing oil products from circulation, as a result of which wholesale fuel prices increased. It infringed the interests of other persons, consumers and restricted competition.

The company violated the law on the markets of motor fuels, aviation fuel and lubrication materials, and diesel fuel in the first half of 2009.

In 2008 FAS Russia also found that the company had violated the antimonopoly legislation and fined it 1.3 billion Rubles. The company also appealed the FAS Russia's decision and determination on that case. The Court has not yet examined the case on its merits.

Reference:
On 2nd August 2009,"Gazpromneft-Kuzbass" CJSC paid a fine in the amount of 6,899,851 Rubles for an antimonopoly violation.

In 2008 the Kemerovo OFAS Russia found that "Gazpromneft-Kuzbass" CJSC violated Part 1 Article 10 of the Federal Law "On Protection of Competition" after it had established the facts of abusing by the company its dominance on the markets of wholesale and retail sale of oil products.

The company unreasonably fixed different prices for the oil products sold in transit and from oil depots as well as increased wholesale ex-works prices for oil products distributed from oil depots, when retail prices at the company's service stations increased insignificantly. It resulted in convergence of the levels of wholesale and retail prices in April - August 2008. For particular types of fuel the wholesale prices even exceed the retail prices.
In October 2009,"Gazpromneft-Ural" OJSC paid a fine in the amount of 6,114,017 Rubles to the federal budget. The fine was imposed for exercising concerted actions with "Lukoil-Permnefteproduct" Ltd. on the retail market for sales of oil products in Yekaterinburg.

On 15th July 2008, the Sverdlovsk OFAS Russia found that"Gazpromneft-Ural" OJSC (the legal successor of "Yekateringburgnefteproduct" OJSC) and "Lukoil-Permnefteproduct" Ltd. violated Clause 1 Part 1 Article 11 of the Federal Law "On Protection of Competition" (which prohibits concerted actions).

From January 2007 to March 2008 the companies were engaged in concerted actions on the retail market for distribution of oil products in Yekaterinburg, that resulted in fixing (maintaining) the same prices for fuel (petrol grades АI-76(80), and АI -95 (96), and diesel fuel).